Can I take someone to the small claims court?
Yes — for most money disputes up to £10,000, you can use the small claims track. The basis is Part 27 of the Civil Procedure Rules. The small claims track handles money claims up to £10,000, and you start online via Money Claim Online / Civil Money Claims (or the paper form N1). It's designed for people without solicitors: legal costs aren't normally recoverable even if you win, so it's low-risk on costs. Court fees scale with the claim's value, and the loser usually has to repay your court fee. You should send a "letter before action" first, giving the other side a chance to settle. You generally have 6 years to bring a contract or debt claim. In short: yes, up to £10,000, and you don't need a lawyer.
📋 The rules
- Small claims track: money claims up to £10,000
- Start online via Money Claim Online (or form N1)
- No solicitor needed; legal costs not normally recoverable
- Send a letter before action first
- Loser usually repays your court fee
🔓 Exceptions
- Personal injury and housing-disrepair have a £1,000 small-claims cap
- 'Help with Fees' remission for low income
- Scotland uses Simple Procedure (up to £5,000); NI limit is £3,000
⚠️ Penalties & fines
It's a process, not a penalty. Issue fees scale with value — from about £35 up to £455 for claims of £5,000–£10,000 — with a separate hearing fee if it goes to a contested hearing; a "Help with Fees" remission applies on a low income, and the loser usually repays your court fee. You can add interest (often 8%). The deadline to claim is generally 6 years (contract or debt). Beware a myth: "you need a solicitor" is false — the small claims track is designed for litigants in person, and solicitors' costs aren't recoverable anyway, so using one rarely makes financial sense. (Scotland's equivalent is Simple Procedure up to £5,000; Northern Ireland's small-claims limit is £3,000.) To bring a claim: send a letter before action, then start your claim online within the time limit.
📎 Official sources
- GOV.UK — make a court claim for money →
- Civil Procedure Rules — Part 27 →
- Citizens Advice — making a small claim →
❓ Frequently asked
What can I claim for in the small claims court?
The small claims track deals with most money disputes up to £10,000, such as unpaid debts, faulty goods or services, deposit disputes or compensation. Personal injury and housing-disrepair claims have a lower £1,000 small-claims limit. You start a money claim online through Money Claim Online or Civil Money Claims, or by paper form N1.
Do I need a solicitor for small claims?
No. The small claims track is specifically designed for people to represent themselves, and the process is meant to be straightforward. In fact, solicitors' costs are not normally recoverable on the small claims track even if you win, so paying for legal representation rarely makes financial sense for a small claim.
How much does it cost to make a claim?
Court fees depend on the value of your claim, ranging from around £35 for small amounts up to £455 for claims between £5,000 and £10,000, with a separate hearing fee if the case is contested. If you win, the court usually orders the other side to repay your court fee. Help with Fees may reduce or remove the fee.
How long do I have to make a claim?
For most money claims, such as breach of contract or unpaid debt, you generally have six years from when the problem arose to start a claim, under the Limitation Act 1980. After that, the claim is usually time-barred. It's best not to delay, as evidence and the other side's whereabouts can become harder to track down.
What should I do before going to court?
You should send a clear letter before action, sometimes called a letter before claim, setting out what you're owed, why, and giving the other side a reasonable deadline to pay or respond. This is expected by the court and often prompts settlement. Only if that fails should you issue a claim online or on paper.
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