Taking a dispute to the small claims court Using the small claims court

How to bring a claim in the small claims court in England, Wales and Northern Ireland

1Explore all the options

Anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.

The Direction sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court. The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute rather than going to court.

2Investigate the process

Visit Her Majesty's Court Service in England and Wales, the Northern Ireland Court Service or your local court to get a claim form, and other documents that explain the small claims process. Make sure that you have complied with all steps set out in the Practice Direction on Pre-Action Conduct before you start court action.

3Fill in the forms

If you don't get a satisfactory response, complete the claim form. You can make your claim online – in England and Wales there is a separate money claim site. You need to have the full name and address of the defendant. If it is a company, you will need to give the address of its registered office. If you can't find this you could use a trading address instead.

You will need to set out, in full, the basis for your claim and the sum you are claiming from the defendant. You could attach documents that you think could help to prove your claim. When you have completed the form, the court will log the document and assign it a number.

Once this happened, you may 'serve' the claim on the defendant. This must be done within four months, by posting, faxing, or taking it in person. Usually, in small claims, the court will serve the papers for you but double check they will 'serve' the claim on the defendant.

You may want to take some advice about your small claim. Citizens Advice may be able to help, or you can contact Which? Legal Service for tailored legal advice.

4Wait for a reply

You must then give the defendant a chance to send a defence – a brief explanation of why they are disputing your claim. Alternatively, the defendant could accept your claim in full or in part.

The defendant has 14 days from the 'date of service' (the date by which they should have received your claim) to respond. However, the defendant can file an 'Acknowledgement of Service' form, which gives them an extra 14 days to respond.

5Follow up

• If the other side doesn't file a defence, make an application to the court to enter judgment for you. Fill in form N227, available from your court or the court service website. The court may grant your claim in full or set a date for a hearing where they decide how much you should receive.
• If the other side does file a defence, you will have to wait until the court assigns a date. In the meantime you will receive an an 'allocation questionnaire', which the court uses to decide how complex your case is, and how long it will take to hear. 
• You will receive a set of 'directions' from the court which are instructions to the parties as the case moves towards the final hearing. For example, the 'directions' could state that both parties send each other, and the court, copies of the documents they will be referring to during the hearing.

6Decision time

At the hearing, the clerk of the court will call both parties into the room and ask each to put their case to the judge. The judge may ask further questions before giving their decision. The decision which will be confirmed in writing in the following days.

7Resolution

If you win your case, the judge will state how long the defendant has to pay the sum you have been awarded – this is often one month. This amount can include expenses such as your court fees, reasonable travelling expenses, the cost of staying overnight if relevant, and up to £50 for loss of earnings if you had to take unpaid time off work to attend the court hearing. You can ask for the same for any witnesses you called, as long as it was necessary for them to attend the hearing. In Northern Ireland you can only claim the court fee.

If they don't pay up, you might have to consider 'enforcement' proceedings - further court action to force them to pay, such as having money taken from their salary.

If you need tailored legal advice, contact Which? Legal Service.