Small claims court checklist for litigants in person

The small claims track in the County Court is designed to be used without lawyers. It generally handles money claims of up to £10,000 (lower limits apply to some personal injury and housing disrepair claims), the procedure is simpler, and the costs you can be ordered to pay the other side are usually limited. That makes it one of the few areas of law where representing yourself is entirely normal.

Even so, small claims are won and lost on preparation. This checklist walks you through the process whether you are making a claim or defending one, and explains when a barrister is still worth considering.

Before you issue a claim

Be clear about what you are owed and why. Write a short summary: who owes you, how much, and the agreement or event that created the debt or loss.
Check the time limit. Most contract and negligence claims must be issued within six years, but some are shorter. Do not leave it to the last minute.
Check the other side can pay. Winning a judgment against someone with no money or assets may not get you paid.
Send a letter before claim. The pre-action rules expect you to set out your claim in writing and give the other side a reasonable time to respond, usually at least 14 days, or 30 days for debts owed by individuals under the debt pre-action protocol. Failing to do this can affect costs.
Try to resolve it. Courts expect parties to consider settlement and alternative dispute resolution. Keep copies of every offer.
Gather evidence. Contracts, invoices, receipts, emails, texts, photographs and the names of witnesses.

Issuing the claim

Use the online money claim service for straightforward money claims, or the paper claim form N1.
Name the defendant correctly. A limited company, a sole trader and an individual are different.
Write clear particulars of claim: what happened, what was agreed, what went wrong and what you are claiming, including interest if appropriate.
Pay the court fee, which depends on the amount claimed. You may be eligible for help with fees.
Keep a note of the date of service. The defendant then has a set period to respond.

If you are defending a claim

Do not ignore it. If you do not respond in time, the claimant can ask for judgment in default, which can lead to a County Court judgment against you.
File an acknowledgment of service or defence within the time limit, normally 14 days from service of the particulars of claim, extended to 28 days for the defence if you acknowledge service.
Respond to each point. Say what you admit, what you deny and why. Saying simply that you dispute the claim is not enough.
Consider a counterclaim if they owe you money arising from the same dealings.
Consider paying or offering to settle if part of the claim is justified.

Directions questionnaire and mediation

Complete the directions questionnaire (form N180 for small claims) by the deadline.
Think carefully about mediation. For many small claims, free mediation through the Small Claims Mediation Service is now part of the process. A telephone mediation session can resolve the case in an hour.
List your witnesses and any dates you cannot attend.

Preparing for the hearing

Read the directions order and diary each deadline. Commonly you must send the court and the other side copies of all documents you rely on at least 14 days before the hearing.
Prepare witness statements if ordered, with a statement of truth.
Put your documents in date order with page numbers and an index.
Write a one-page summary of your case and the amount you are asking for, with a breakdown.
Prepare your questions for the other side.
Bring three copies of everything: one for you, one for the judge and one for the other side, unless the court has said otherwise.

At the hearing

Arrive early, or log in early for a remote hearing.
Small claims hearings are usually informal, often in a room rather than a traditional courtroom. The judge will often lead the questioning.
Keep to the key facts and the documents that prove them.
Be polite and calm, even if the other side is not.
Make a note of the judgment and any order for payment.

After judgment

If you win and are not paid, you can consider enforcement such as a warrant of control, an attachment of earnings order or a charging order.
If you lose, check the order carefully. Appeals require permission and must be made quickly, usually within 21 days.
If a judgment was entered against you without your knowledge, you may be able to apply to set it aside; act quickly.

When a barrister is worth it in a small claim

Most small claims do not need a barrister at the hearing, and the limited recoverable costs mean you usually cannot recover the cost of one from the other side. But there are times when targeted help is good value:

the law is genuinely complicated, for example a contract with disputed terms, a consumer rights question or a professional negligence point;
the claim is close to the £10,000 limit and the other side is represented;
you have been told the case should be allocated to the fast track, where costs rules are different;
you want a written advice on your prospects before you spend time and fees issuing;
you need help drafting a clear defence or counterclaim;
you want to appeal a decision.

Through the Public Access scheme you can instruct a barrister directly for any of these pieces of work, without a solicitor. A short written advice or a review of your papers is often much cheaper than attendance at a hearing, which usually starts from about £1,000 for a day.

Clerk&Counsel helps people find suitable independent barristers. Submitting an enquiry is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's fee before you decide. Request availability and a quote.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. This checklist is general information only; check current court fees, forms and limits on the government's website.