Taking a dispute to the small claims court Your rights

The small claims procedure is a quicker and simpler way of using the courts to settle disputes than other parts of the courts system – you don't need a solicitor, and the hearing itself is fairly informal.

But the small claims court is still a last resort for dealing with problems. You need to try and resolve the problem before it goes to court, and should consider very carefully whether there is any method of dispute resolution you could try first, such as mediation or an ombudsman. For more information see our guide to using an ombudsman. In England and Wales before court action is started you must have followed the Practice Direction on Pre-Action Conduct.

If you do use the small claims court, it will take several months between issuing proceedings (starting your claim) and getting a judgment. Also, if you win your case, that doesn't mean you will automatically get the money you are owed; you may have to take further action to get the trader to pay up. However, sometimes just the threat of court action can persuade the other side settle with you.

When you can use the small claims court

You can use the small claims court for most kinds of claim for breach of contract – which includes most consumer problems, such as unfairly issued parking tickets. The main restriction is on the amount you can claim for.

In England and Wales, you can use the small claims court for claims up to £5,000, and in Scotland and Northern Ireland, for claims up to £3,000.

However, even if your claim is within the claims limit, a judge may decide that a case cannot be heard as a small claim if they believe the case is too complex.

If you can't use the small claims court

If your claim is above the claims limit, or a judge decides that you cannot use the small claims court, you will have to use the full county court. This is more complicated, and can be more costly and take longer. You will also normally need a solicitor to prepare your case.

However, your car or home insurance policies may also have legal expenses cover, which can pay for your legal costs to take action in the full court for certain types of case.

How much it costs to bring a small claim

Using the small claims court should cost you relatively little. This is partly because you put your case yourself, so you don't have to pay for a solicitor or barrister.

You must pay fees to take a claim through small claims. The total amount you could have to pay depends on the size of your claim, whether you are in England, Wales, Scotland or Northern Ireland and how far your claim goes through the court process. The most you will have to pay in England and Wales for example is £485. However, it may well be less, and if you win the case you can claim the money from the defendant.

You may also have to pay for an expert to provide evidence to support your case (for example, a mechanic to say that a fault in your car should not be found in a car of that age). If you win your case, the defendant will have to pay these fees on top of your claim. This only applies up to certain maximum amounts – in England and Wales, for example it is up to £200.