Letter to the listing officer
Letter before action
A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. are simple, comparatively low-value legal claims brought in the A local court for civil (non-criminal) claims between people or companies.. They are relatively quick and straightforward, the idea being that you do not need a lawyer (although it fine to use one if you want to – see Q&A 12).
For a matter to be considered a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., the amount you are claiming must not be more than £10,000. This threshold is just for the basic amount that is in dispute, so if you were claiming £10,000 plus interest of £800, the claim could still be a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. because the basic claim amount is within the £10,000 limit.
In addition to this claim threshold, a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. must not be complex. For example, if you bring a claim that involves expert evidence, it will not be treated as a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.. In practice, if you just want to claim some money (perhaps because your supplier has not sent your Physical items being sold. Distinguished from digital content and services, neither of which are physical items. or a customer has not paid for a product or service you have provided), your case will almost certainly not be complex, so you do not need to worry about this requirement.
If you bring a claim to court that does not satisfy the tests for a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. (eg the amount of money that you are claiming is over £10,000 or the court considers it to be too complex), your case will be treated differently.
It will be labelled as a The procedure and timetabling used for legal claims which are too valuable to be small claims, but are still of relatively low value and complexity (and so are able to be dealt with quickly)., The procedure and timetabling used for legal claims that are too valuable or too complex to be small claims track or fast track, and which have a money claim value of no more than £100,000, limited parties and expert evidence, and an expected trial length of less than three days. or a The procedure and timetabling used for legal claims which are too valuable or too complex to be small claims track, fast track or intermediate track claims. case. These are procedurally longer, more expensive and more complicated for you than A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.. Although technically you can still deal with these sorts of cases without the help of a lawyer if you wish, it is very risky to do so and should be avoided.
Yes. There are two main reasons why:
The law requires you to consider alternatives and treat going to court as a last resort. The court can order you to pay some or all of the Fees, charges and expenses paid to lawyers for their services. incurred by the other side if you ignore this and do not consider alternatives before going to court, even if you ultimately win the case.
Bringing a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. is not necessarily desirable for your business. It costs money, takes time, distracts you from your business, can be stressful, is not usually confidential (you may have to disclose information about your business to the public, including competitors), and it is not guaranteed that you will win your case.
For these reasons, you should always try to resolve your dispute out of court before suing someone.
The main ways you can try to resolve a potential A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. out of court are negotiation (by emails, letters, calls or face-to-face meetings with the other side to try and settle the dispute) and A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement.. If you are unable to settle your claim you can still bring a simple debt claim in court.
A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. issued since 22 May 2024 are automatically referred to a compulsory one-hour A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. with the court's A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service. These sessions are free and take place after the directions questionnaires have been filed (see Q&A 38). The court also has power to order ADR: A collective description of methods of resolving disputes otherwise than through the normal trial process, which include mediation or arbitration. in all claims, once a claim has been issued.
See Resolving disputes proactively for more detail on these methods in the context of resolving a dispute with your customer.
If you bring a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., you will have to pay:
You may also have to pay:
You will always have to pay an initial court fee to bring a claim (known as an issue fee). The amount of the fee depends on the value of your claim (including interest):
Claim amount | Fee |
Up to £300 | £35 |
£300.01 to £500 | £50 |
£500.01 to £1,000 | £70 |
£1,000.01 to £1,500 | £80 |
£1,500.01 to £3,000 | £115 |
£3,000.01 to £5,000 | £205 |
£5,000.01 to £10,000 | £455 |
If the case is worth more than £10,000 it will not normally be considered a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.. See Taking legal action for details of the fees payable in these circumstances.
If you are the one bringing the claim, you have to pay a hearing fee when the court sets a trial date for your A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.. The cost of this fee depends on the value of your claim:
Claim amount | Hearing fee |
Up to £300 | £27 |
£300.01 to £500 | £59 |
£500.01 to £1,000 | £85 |
£1,000.01 to £1,500 | £123 |
£1,500.01 to £3,000 | £181 |
More than £3,000 (The procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000).) | £346 |
Aside from the mandatory fee to start the claim (Q&A 6) and to get a trial (Q&A 7), there may be other fees for you to pay depending on how your case progresses. For example, the cost of filing for appeal if you wish to appeal a decision, or the cost of having a court enforce its decision if the defendant is ordered to pay you money and does not do so.
If you are have a low income or receive benefits, you may be eligible for the government's Help with Fees scheme: this will not usually apply to businesses but does include the self-employed. You can check your eligibility for the Help with Fees scheme and apply here. The limits for this scheme were increased in November 2023, so more people are now eligible for help with court fees.
Yes. If you hire a lawyer, you usually have to pay all of their fees yourself, even if you win.
Unlike in bigger court cases, in a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., the loser is not normally ordered to pay the winner's costs. There is one very rare exception to this (see Q&A 11).
If you win, you can only get the losing side to pay a limited amount to cover some expenses, usually this is:
your money back for any court fees you have paid;
if you were the one who brought the claim, a token sum (known as fixed costs) usually between £50 and £100 depending on the value of the claim;
travel expenses for you and any witnesses attending hearings;
up to £95 per day for loss of earnings for you or any witnesses when attending hearings; and
up to £750 for experts' fees, if expert evidence has been permitted by the court.
Not usually.
Even if you lose, you will not normally be required to pay the lawyers' fees for the other side. There are only a few, very limited expenses that you can be ordered to pay the other side. See Q&A 9 for a list.
There is one very rare exception to this; see Q&A 11.
Technically yes, if the court thinks they have been unreasonable, but it is very rare for a court to actually do this. For example, refusing generous offers to drop the matter is never considered unreasonable by itself. This is the case even if the offers would have benefited the other side much more than the eventual outcome of the case.
For claims issued since 22 May 2024, failure to attend compulsory A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. session offered by the A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service may be considered unreasonable, at the court's discretion, which can lead to an order for the unreasonable party to pay the other party's costs. It is likely that costs orders will become more common in these circumstances in order to enforce the rule to attend A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement..
Yes, you can represent your business in a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. instead of hiring a lawyer. You must be an In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. or An individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. of the A private company limited by shares incorporated and registered in England and Wales. to do this. Similarly, you can represent yourself if you personally are named as a party to the claim.
A lot of people do this, in particular because if you hire a lawyer for a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. you will normally have to pay their fees yourself even if you win (see Q&A 9 and following).
Whilst it is possible for you to represent yourself adequately and win your case without a lawyer, going to court without any legal representation or advice does mean mistakes are more likely. See Q&A 15 and following for what to do if you decide to start a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. yourself, and Q&A 43 and following for what to do if you want to respond to a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. against your business yourself.
You are usually allowed someone accompany you to court to help you at hearings, for example by taking notes, handing you papers or giving quiet advice to you directly during hearings. A person acting in this capacity is sometimes called a A person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support.. They cannot normally speak in court on your behalf or conduct your case for you, although some judges allow a little latitude on this for efficiency . Bear in mind that even if you pay for a A person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support. to accompany you, they will not necessarily have any legal qualifications or Insurance which covers the cost of compensation for loss or damage caused by providing negligent services or advice to a customer.; anyone can call themselves a A person who accompanies and assists someone representing themself in court. McKenzie friends do not have to be legally qualified, and cannot actually represent the person they are helping. Instead they help keep track of documents, take notes, and offer general advice and emotional support..
This depends on whether your claim is defended or not. If the defendant does not dispute the claim, it can be decided within as little as 6 to 8 weeks.
On the other hand, if the defendant does dispute the claim and a hearing is required, it will generally take longer as the court will have to give you a trial date, but will usually be concluded within 6 to 12 months. This is only an estimate, however, and pressures on the court system have extended the time it takes for many cases to reach court, with around twelve months being typical.
There are rules governing your actions before you start a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. against someone. Failure to comply with them can cause delays to your claim and potentially cost you money. You must:
read the rules on preparation that apply to your case and do what they say:
in all cases read the Practice Direction for Pre-Action Conduct; and
depending on what your claim is about, you may also need to look at specific rules for your type of claim. These are called Rules about the steps that should be taken before suing someone. There are different pre-action protocols depending on what the claim is about. . Not all types of claim have these rules, although notably claims for money due do. See Q&A 16 and following to check if any of these rules apply to you;
write a formal letter to the other side, explaining what has happened, warning that you are going to sue them and saying what you want from them (known as a A final warning letter before legal action is taken. Also known as a letter before claim. or a A final warning letter before legal action is taken. Also known as a letter before action., see Q&A 20 for guidance and Letter before action for a template you can use); and
try to negotiate and settle the matter between you (see Resolving disputes proactively).
Consider obtaining legal advice from a lawyer. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service. It is important that there is a legal basis for your claim. Many people bringing a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. represent themselves instead of hiring a lawyer (see Q&A 12), but you are entitled to get legal advice and be represented at court by a lawyer if you wish. Citizens Advice offer free legal assistance if you are not prepared to pay for legal advice. Also see this list of free legal clinics although bear in mind that these free options tend to be aimed more at individuals than businesses.
Claims issued since 22 May 2024 will be automatically referred to a compulsory one-hour A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. with the court's A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service. These sessions are free and take place after the directions questionnaires have been filed (see Q&A 38).
Use Small claims toolkit for a how-to guide and relevant template documents to assist you with a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. process.
In all cases, you must make reasonable efforts to comply with the Practice Direction for Pre-Action Conduct. Following the guidance in this section will help you to comply. In summary, you must behave sensibly and try to cooperate with the other side wherever possible to resolve the matter efficiently. Suing someone should be a last resort.
Depending on what your dispute is about, you may also need to take reasonable steps to follow rules specific to your claim, called Rules about the steps that should be taken before suing someone. There are different pre-action protocols depending on what the claim is about. . Most commonly:
What the claim is about | Rules to follow before you sue |
A business (including Businesses each owned and operated by a single individual, which are not companies or partnerships. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes.) recovering money owed by an individual or A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. | Pre-action protocol for debt claims (see Q&A 17 for what to do) (Note that there are no such rules if money is owed to you by another business (unless they are a A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes.)) |
Professional Failure to exercise the care that a reasonable person would in the circumstances. Intention is irrelevant. (eg suing your accountants or other professional adviser) | |
Construction and engineering (eg suing your architect for a building project that went wrong) | |
Something said or done that causes serious harm to reputation. Companies can be defamed in the same way as people can. |
A list of the other Rules about the steps that should be taken before suing someone. There are different pre-action protocols depending on what the claim is about. can be found on the Ministry of Justice's website.
There are specific rules to follow before you sue someone who owes your business money (called the Pre-action protocol for debt claims). There are no such rules if you want to sue another business which owes you money.
In all cases, you must make reasonable efforts to comply with the Practice Direction for Pre-Action Conduct. In summary, you must behave sensibly and try to cooperate with the other side wherever possible to resolve the matter efficiently. Suing someone should be a last resort.
You must also:
send a formal letter to the other side, explaining what has happened, warning that you are going to sue them and saying what you want from them (known as a A final warning letter before legal action is taken. Also known as a letter before claim. or a A final warning letter before legal action is taken. Also known as a letter before action., see Q&A 20 for guidance and Letter before action for a template you can use);
attach a standard information sheet and a blank copy of a reply form to your letter (if you use our templates, these are annexed to the letter already); and
respond appropriately depending on whether the other side returns the reply form to you, and if so, what they say. See Q&A 18 and following.
Yes. If a small debt claims reply form (see Q&A 17) is returned to you saying that the other side is seeking debt advice, you must give them some time. Allow at least 30 days from the date you receive the reply form, longer if they ask for it and it is reasonable to do so.
If they have asked you to send them any documents about your claims, you must give them 30 days from the date you provide those documents, or 30 days from the date you receive their reply form if they wish to get debt advice, which ever is later.
No, but you should try to reach an agreement if you can, based on the individual's income and outgoings.
If they have made a proposal for repayment of a debt in their reply form and you do not agree with it, you should give your reasons in writing. See Q&A 17 for information about the reply form.
It is a formal letter that must usually be sent to someone before you sue them. A A final warning letter before legal action is taken. Also known as a letter before action. explains what has happened, what the claim is and what you want from the other party.
Write a A final warning letter before legal action is taken. Also known as a letter before action. (also known as a A final warning letter before legal action is taken. Also known as a letter before claim.) to the other side to warn them that you intend to start a claim against them. Your letter should include a summary of the relevant facts, what you want from the other side (including how any sum of money is calculated) and how long you will give them to reply before you start your claim. Keep your explanations concise and include copies of any key documents that the other side will need to deal with your claim (eg invoices, contracts or terms and conditions that you will rely on).
You can use Letter before action as a template. Alternatively you can use Small claims toolkit for a how-to guide and all the relevant template documents to assist you with the A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. process.
You must give the other side enough time to respond to your A final warning letter before legal action is taken. Also known as a letter before action./A final warning letter before legal action is taken. Also known as a letter before claim. before you can sue them. Usually, 14 days is the minimum if the case is straightforward and no more than three months in a very complex case.
There are special rules for how long you must give in some types of claim, the most common of which is if you are suing an individual or A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. for money they owe you. See Q&A 23 for how long you must wait to sue after your A final warning letter before legal action is taken. Also known as a letter before action. in these cases.
How long this is depends on the size of your claim, what it is about and what the other side does:
Claim type | How long after your letter before you can sue |
Money owed by an individual or a A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. | 30 days from the date of your A final warning letter before legal action is taken. Also known as a letter before action. |
Money owed by an individual or A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. who is seeking debt advice | At least 30 days from date you receive their reply form telling you they are getting debt advice, longer if they ask for it and it is reasonable |
Money owed by an individual or A business owned and operated by a single individual, which is not a company or partnership. The individual is entitled to keep all profits made by the business (subject to any tax reduction) but is also personally responsible for any losses that the business makes. who has asked you to send them documents | 30 days from the date you provide those documents, or (if later) 30 days from the date you receive their reply form if it says they wish to get debt advice |
If you have attempted negotiations, but you are unable to reach an agreement, you should give at least 14 days' further notice of your intention to start Legal action which is being pursued through a court. before you actually sue.
First, ensure that you have taken the required pre-claim steps (see Q&A 15 and following), and have waited long enough for a response (Q&A 22 and following). There are then two ways to start a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.:
online, using Money Claim Online (see Q&A 25); or
by filling in a paper N1 claim form and posting it to the court.
You have to pay a fee for both of the above methods, but the fee is slightly smaller for using Money Claim Online than it is for the The claim form used to start a claim in the County Court or the High Court. The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. (see Q&A 5 and following for more information on fees and costs). You should also check if you are eligible for the Help with Fees scheme (see Q&A 8 for further information).
An online pilot scheme is also available at Make a Money Claim for most fixed-amount claims of under £25,000, including interest. The online questionnaire will establish if you are eligible to use this scheme.
You can use Money Claim Online if you are claiming a fixed amount of money that is less than £100,000 from only one or two defendants, and the defendants have an address in England or Wales.
When using this service, use the Money Claim Online Guidance to help you.
You will know that your claim has officially started when the court sends you a document confirming it entitled 'A notice sent to the claimant by the court when his claim is issued.', which is an official notification that the claim is underway.
You can use the N1 claim form if you are claiming a fixed or unspecified amount of money, (although you should always try to specify a sum if you can), or if you want the court to make the defendant do something. Unlike with Money Claim Online, you can use this The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. regardless of how many defendants there are, and whether the defendants have an address in England or Wales or not.
Once you have filled in the The claim form used to start a claim in the County Court or the High Court. The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., you need to send off enough copies for the court to keep one on file and to send one to each defendant. Send them all to the Civil National Business Centre, St Katharine's House, 21-27 St Katharine's Street, Northampton, NN1 2LH. You should also keep a copy for yourself.
You will know that your claim has officially started when the court sends you a document confirming it entitled 'A notice sent to the claimant by the court when his claim is issued.', which is an official notification that the claim is underway.
After you have started your claim (see Q&A 24), the court will send a copy of the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the defendant. You also need to provide additional 'The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.' to the defendant. The The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. may be included in the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. or in a separate document sent to the defendant no later than 14 days of the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. being sent. A copy of the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. must also be sent to the court if they were not included in the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., within 7 days of them being sent to the defendant.
The defendant must respond within 14 days of receiving full details of your The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.. The defendant can respond in any of the following ways:
By paying you
This is the desired result for you. See Q&A 28 for what to do if this happens, including how to respond if the defendant does not pay you as much as you want.
By admitting (accepting as true) the claim but not paying you up front
The defendant will most often do this when they know that you are in the right but cannot afford to pay you straight away. See Q&A 30 for what to do if this happens.
By filing a A written letter from a defendant to the court, admitting that some or all of the accusations made against him are true.
This is where the defendant admits (accepts as true) the claim, but does not pay you because you are not claiming for a specific figure so they do not know how much to pay. See Q&A 33 for how to respond to this.
By admitting part of the claim and defending part of the claim
The defendant will do this if they agree with part of your claim, but not all of it (eg they do not agree with the amount of money you are claiming). See Q&A 36 for what to do if this happens.
By defending the whole claim
The defendant will do this if they completely dispute the claim you are bringing. See Q&A 38 for what to do if this happens.
By filing an A document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond.
This gives the defendant 14 more days to prepare their defence.
If the defendant files an A document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond., they still have to send their defence to the court within the extended deadline. If they do not do so in time, they are taken to have ignored the claim – see Q&A 39 for what to do if this happens.
By ignoring the claim
See Q&A 39 for what to do if the defendant ignores your claim.
If you are claiming a specified amount of money, it is possible that the defendant will respond to your claim by paying you straight away.
If the defendant pays you the full amount of money you were claiming (including interest and any court fees you have had to pay), the claim is over. If you brought your claim online using the Money Claim Online service, you need to mark the case as 'paid' on the 'update claim status' button. If you brought your claim by sending a paper The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the court, you should notify the defendant that you have accepted their payment in settlement of the case and write to the court to explain that the claim has been settled and is over.
If the defendant pays you an insufficient sum of money, for example, by paying the basic amount of money that you have claimed but not the court fee, it is up to you whether to accept. You can still treat the claim as over if it is not worth it to your business to pursue the additional money. However, you can also continue to pursue the defendant for the balance due if you want to. To do this, first contact the defendant – the payment deficit may have been a mistake, or they may subsequently be willing to settle up fully.
Note that it is common for defendants to send you the basic amount of money you have claimed and say that they do not have to pay you interest and court fees because they sent it before receiving your claim. Unless this is demonstrably false, it is a difficult point to fight. Usually the sensible course of action in these circumstances is to write off the court fee and interest and treat the claim as ended.
To accept a part payment, if you brought your claim online using the Money Claim Online service, you need to mark the case as 'paid' on the 'update claim status' button. If you brought your claim by sending a paper The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. to the court, notify the defendant that you have accepted their payment in settlement of the case and write to the court to explain that the claim has been settled and is over.
You will know that the defendant has admitted (accepted as true) your claim if you receive a completed admission form in the post, or are notified on Money Claim Online if you brought your claim online.
The defendant’s admission can either come with an offer of payment (eg an offer to pay a certain amount of money, an offer to pay the money in instalments, an offer to pay the money at a later date) or just a plain admission with no offer of payment. Your next steps will depend on what the defendant has said about payment:
If the defendant admits the claim and makes an offer of payment as well, carefully consider whether the offer is reasonable and a good deal for your business. Bear in mind the defendant's resources or cashflow when considering whether to accept an offer to pay in instalments or at a later date. After consideration, you can either accept or reject the defendant's offer.
To accept the offer, either fill in Form N225 and send it to the court, or accept the offer on Money Claim Online by selecting 'judgment by admission'. The court will then order the defendant to pay you what they offered.
To reject the offer, you must use Form N225 – you cannot use Money Claim Online, even if you started the claim online. Simply tick the appropriate box on the form and send it to the court.
If the defendant admits the claim without making an offer of payment, you can ask for judgment from the court by using Form N225 and ticking the appropriate box. You cannot use Money Claim Online for this, even if you started the claim online – you have to use this form. You can send this to the court by email at Judgments.CNBC@justice.gov.uk.
If your claim is for an unspecified amount of money (ie you have not stated a specific figure) and the defendant admits your claim, they will respond by sending an admission form, known as a A written letter from a defendant to the court, admitting that some or all of the accusations made against him are true..
In the A written letter from a defendant to the court, admitting that some or all of the accusations made against him are true., the defendant will either offer an amount of money to settle the claim or admit the claim without making an offer, leaving the court to decide the exact amount they will have to pay. Your next steps depend on what the defendant has said about payment:
If the defendant admits the claim and makes an offer of payment as well, carefully consider whether the offer is reasonable and a good deal for your business. Bear in mind the defendant's resources or cashflow when considering whether to accept an offer to pay in instalments or at a later date. After consideration, you can either accept or reject the defendant's offer by filling in Form N226.
If you reject the amount offered, the court will give a judgment in your favour for an amount to be decided and a judge will look at the case to determine the process for making that decision. Often that process will involve a hearing at court.
If you accept the amount offered and the payment proposal, the court will make an order that the defendant pays what they offered.
If you accept the amount offered, but reject any payment proposal (eg for payment by instalments), the court will give judgment for the agreed sum and fix a rate for the defendant to pay.
If the defendant admits the claim without making an offer of payment, you can simply ask the court to give judgment in your favour, by again filling in Form N226. The judgment will be for an amount to be decided and a judge will look at your case to determine the process for making that decision.
Make sure you are aware of the deadlines on the forms throughout; you will need to make a decision and respond by the date stated on the form. This is usually within 14 days of the form being issued to you.
If the defendant admits that some of your claim is true but does not agree with the amount that you are claiming, they will file a 'Where the defendant in a court case admits that some of the accusations made against them are true, but others are not. Alternatively they may admit the accusations are true, but disagree with the claimant's assessment of how much compensation should be paid.'. You will receive two forms: Form N9A, where the defendant states how much of the claim they admit to, and Form N9B, where the defendant states how much of the claim they are defending.
First, you should read both forms very carefully – it may be that the defendant makes reasonable points about the amount of money they owe you.
Once you have done this, you need to respond by filling in Form N225A, a blank copy of which will have arrived with the other forms. For how to fill in this form, see Q&A 37.
It depends on whether you accept what the defendant says or not.
If you accept the defendant's defence to part of your claim, and the amount of money that they have admitted to owing, tick box B on the form, and:
if the defendant has not made a proposal about how to pay the money, tick 'The defendant has not made any proposal for payment' – the court will then decide how to make the defendant pay that amount;
if the defendant has made a proposal about how to pay the money (eg in instalments) and you agree with this proposal, tick 'I accept the defendant’s proposal for payment' – the court will then order the defendant to follow through on that proposal; or
if the defendant has made a proposal about how to pay the money (eg in instalments) and you disagree with this proposal, tick 'I do NOT accept the defendant's proposal for payment' – the court will then decide how the defendant should pay the amount.
If you do not accept the defendant’s Where the defendant in a court case admits that some of the accusations made against them are true, but others are not. Alternatively they may admit the accusations are true, but disagree with the claimant's assessment of how much compensation should be paid., tick Box A. The claim will continue as disputed and you may have to have a trial – see Q&A 54 and following for more on this.
The rest of the form should then be filled in and copies sent to the court and the defendant(s). You can send this to the court by email at Judgments.CNBC@justice.gov.uk.
Whatever you choose to do, you must respond within the date specified on the form.
If the defendant defends your claim, you will receive a copy of their defence which can include a A claim made by a defendant against a claimant. against you. You should read this very carefully – it may be that the defendant makes reasonable points. Just because you have started your claim does not mean you have to follow it through to trial – you can settle with the defendant at any time.
You will also receive a A questionnaire for parties to give the court information about their case to help the court decide whether it is suitable to treat the matter as a small claim and to decide how to manage the claim to its conclusion. with or shortly after the defence. If you do want to continue with your claim despite the defendant's defence, you must fill this questionnaire in and send it back to court. See Q&A 54 for more information on what this questionnaire is, how to fill it in, and information about the rest of the court process.
You will also be referred to a one-hour A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. session with the court's A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service. You do not have to settle at A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., but you should try to do so, and there may be penalties if you do not attend. These sessions are free and take place after the directions questionnaires have been filed.
If the defendant ignores your claim (ie they fail to respond within the time limits set out in Q&A 27), you can apply for a A judgment given without a trial because the defendant has failed to respond properly to the case against them.. This is where the court gives judgment in your favour without assessing the rights and wrongs of the case.
You must actually ask for A judgment given without a trial because the defendant has failed to respond properly to the case against them. if the defendant ignores your claim, it will not happen automatically. For how to apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them., see Q&A 41 and following.
This is when the court gives judgment without holding a trial because the defendant has failed to respond properly to the case against them. Most commonly, you can ask for A judgment given without a trial because the defendant has failed to respond properly to the case against them. if the defendant has not sent a defence to the court in time. It is also sometimes called judgment in default.
If you made your claim online, you can simply apply for judgment by default online on Money Claim Online.
The court will then give judgment in your favour for an amount to be decided and a judge will look at your case to determine the process for making that decision.
If the defendant ignores your claim but you do not apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. within six months, your claim will be stayed. This means that your claim is suspended, and cannot be resumed unless you apply to the court again.
You can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. by sending the appropriate form to the court:
if your claim was for a specified amount of money, use Form N225, ticking box A; or
if your claim was for an unspecified amount of money, use Form N227.
The court will then give judgment in your favour for an amount to be decided and a judge will look at your case to determine the process for making that decision.
If the defendant ignores your claim but you do not apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. within six months, your claim will be stayed. This means that your claim is suspended, and cannot be resumed unless you apply to the court again.
You will know that somebody is bringing a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. (ie a claim for £10,000 or less) against your business if you receive a The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. in the post from the A local court for civil (non-criminal) claims between people or companies..
You must act quickly when you receive a claim: usually within 14 days (see Q&A 44).
You must respond in one of the following ways:
Paying the claimant the full amount
See Q&A 45 for how to do this.
Admitting the claim but not paying up front
There are two situations in which you would want to admit the claim (ie fully accept the claim as true) but not pay the money up front. The first is where you accept the claim but cannot afford to pay the whole amount straight away – see Q&A 46. The second is where you accept the claim but the claimant has not claimed for a specific amount of money so you do not know what to pay – see Q&A 47.
Admitting some of the claim and defending some of the claim
If you think some of the claim is true, but some of it is not true (eg perhaps you think you should pay some money, but not all of what is claimed), you can admit part of the claim and defend part of the claim. See Q&A 48 for how to do this.
Defending the whole claim
If you do not think you owe the claimant any money at all, or think you’ve already paid them, you can defend the whole claim. See Q&A 50 for how to do this.
Asking for a time extension to prepare your defence
See Q&A 52 for how to do this.
You usually have 14 days from the date you receive the full details of the claim to take one of the actions listed at Q&A 43. See Q&A 52 for how to ask for longer.
Check to see whether a full explanation of the claim is included within the claim pack (known as the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.). If it is not (ie if the form contains the phrase ‘The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. to follow’) you do not have to respond yet. However, once you do receive the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., you must respond within 14 days or the claimant can ask the court to give a A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
The Online Civil Claims pilot has been extended to cover unrepresented defendants. If you receive a claim that has been issued through this pilot, you will have up to 28 days from the date that the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. was issued in which to inform the court that you wish to respond. You may reply to the claim online using the Online Civil Money Claims Service. If this applies to you, it will be clear from the guidance accompanying the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company. and the online portal will direct you to the appropriate form. You can still reply by post if you prefer.
If you accept the claim made by the claimant and want to resolve the matter straight away, you can simply pay the claimant the amount of money they are asking for. Pay the full amount requested (including any interest that has been claimed and the court fee), ensure that the money arrives within the 14-day deadline, and ask for a receipt or keep some other proof that you have sent the money (eg bank records).
If you accept that you owe the claimant the amount of money they are asking for but cannot afford to pay it up front, you need to admit the claim by filling in Form N9A (which will be included in the response pack) and sending it to the claimant’s address. At the bottom (Box 11), there is an option for you to make an offer of payment to the claimant, for example paying by monthly instalments.
Note that in some circumstances, instead of filling in a physical copy of this form, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible in your case and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days of receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form., otherwise the claimant can ask the court to give judgment against you for the whole amount, without trial.
The claimant can then choose to accept or reject your offer, and can obtain a judgment from the court to enforce it. The court may also determine the rate of payment.
If you accept that the claim made against you is true but the claimant has not asked for a specific sum of money (so you do not know how much to pay them), you need to admit the claim by filling in Form N9C. The form will be included in the response pack sent to you. Once completed, send the form back to the court, who will then send a copy on to the claimant.
There are two options when filling in this form. You can:
offer an amount of money to settle the claim; or
admit the claim without making an offer, leaving the court to decide the exact amount due.
Note that in some circumstances, instead of filling in a physical copy of this form, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days, otherwise the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. (ie judgment in their favour without any trial). A judge will then look at the case and decide what steps need to be taken for the court to decide how much the judgment will be.
It is sensible to reach out and contact the claimant before filling this form in, especially if you are making an offer to settle the claim, since it will help to have an idea of what sum they would accept.
If you agree that you owe the claimant some money, but not as much as they are asking for, you need to fill in two forms: an admission form and a defence form. This is known as making a Where the defendant in a court case admits that some of the accusations made against them are true, but others are not. Alternatively they may admit the accusations are true, but disagree with the claimant's assessment of how much compensation should be paid..
If the claimant asks for a specific amount of money on the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company., you need to fill in admission form N9A stating how much you admit to and defence form N9B stating how much you dispute (both of which will be included in the response pack). Send both forms to the court. Note the forms are different if the claimant has not specified how much money they are asking for (see Q&A 49).
Instead of filling in physical copies of these forms, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days of receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. or ask for a time extension, otherwise the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
Any offer to pay that you make will be passed on to the claimant, who can either accept it or reject it in which case the matter will go to a court hearing. See Q&A 54 and following for more on court hearings.
If you agree that you owe the claimant some money, but not as much as they are asking for, you need to fill in two forms: an admission form and a defence form. This is known as making a Where the defendant in a court case admits that some of the accusations made against them are true, but others are not. Alternatively they may admit the accusations are true, but disagree with the claimant's assessment of how much compensation should be paid..
If the the claimant does not ask for a specific amount of money, then you need to fill in admission form N9C stating how much you admit to and defence form N9D stating how much you dispute (both forms will be included in the response pack). You should send both forms to the court. A judge will then look at the case and decide what steps need to be taken for the court to decide how much the judgment will be.
Instead of filling in physical copies of these forms, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days of receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. or ask for a time extension, otherwise the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
Any offer to pay that you make will be passed on to the claimant, who can either accept it or reject it in which case the matter will go to a court hearing. See Q&A 54 and following for more on court hearings.
If the claim is for a specified amount of money (ie the claimant asks for a specific amount of money on the The official form which must be filled in by the claimant and issued by the court to start a civil claim against another person or company.), then you need to fill in Form N9B (which will be included in the response pack) and send it to the court.
There is an option in the form to make a A claim made by a defendant against a claimant. (ie bring your own claim against the person claiming against you). You might want to bring a A claim made by a defendant against a claimant. , for example, if you believe that the claimant actually owes you money, not the other way around, or if they owe you some money that can be used to offset what you owe them. Note that, if you make a A claim made by a defendant against a claimant. , you will have to pay a court fee – see Q&A 6 and following for more information on court fees. The fee to start a A claim made by a defendant against a claimant. is the same as the fee to start a claim.
In some circumstances, instead of filling in a physical copies of these forms, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days of receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. or ask for a time extension, otherwise the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
See Q&A 54 and following for what happens after you file a defence.
If the claim is for an unspecified amount of money (ie the claimant does not ask for a specific amount of money), then you need to fill in Form N9D (which will be included in the response pack) and send it to the court.
There is an option in the form to make a A claim made by a defendant against a claimant. (ie bring your own claim against the person claiming against you). You might want to bring a A claim made by a defendant against a claimant. , for example, if you believe that the claimant actually owes you money, not the other way around, or if they owe you some money that can be used to offset what you owe them. Note that, if you make a A claim made by a defendant against a claimant. , you will have to pay a court fee – see Q&A 6 and following for more information on court fees. The fee to start a A claim made by a defendant against a claimant. is the same as the fee to start a claim.
In some circumstances, instead of filling in a physical copy of these forms, you might be able to respond online instead using Money Claim Online – check your response pack to see if this is possible and follow the instructions. The steps will largely be the same, simply completed online instead of using hard copy forms.
However you choose to respond, you need to do so within 14 days of receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form. or ask for a time extension, otherwise the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
See Q&A 54 and following for what happens after you file a defence.
If you need more time to prepare your defence to the claim, you can fill in an A document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond. and send it to the court. This gives you a further 14 days (so 28 in total from receiving the The statement which sets out the details of a claimant's legal claim against the defendant(s). It is usually written in or attached to the claim form, but is sometimes sent separately after the claim form.) in which to respond. You still need to properly respond within this extended time limit though – if you do not, you are taken to have ignored the claim, and the claimant can apply for A judgment given without a trial because the defendant has failed to respond properly to the case against them. against you (ie judgment in their favour without any trial).
To file an A document sent by a defendant to a claim, stating that they have received the claim and indicating how they intend to respond., fill in Form N9 and send it back to the court, who will notify the claimant. This form should be in your response pack, with instructions on how to fill it in.
A form you can fill in and send to the court, telling them that you have received a claim made against you and need more time than the usual 14 days to put in a defence. It is Form N9, which should be included in your response pack that arrives with the claim, alongside instructions on how to fill it in.
The usual progress of a defended claim to trial is:
the court sends everyone a questionnaire to fill in (see Q&A 55);
the court then decides whether the matter is really a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. and sends everyone a notice about its decision (called a notice of allocation) (see Q&A 56);
if it is a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. issued since 22 May 2024, the court will refer the matter to a free one-hour A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. session with the court's A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service (see Q&A 57).
the court will then do one of three things:
propose that the claim be handled without a hearing. The judge cannot force you to do this – the consent of both you and the other party is required. However, you should consider accepting such a proposal where you believe the documents speak for themselves and there is nothing additional you need to say in front of the judge;
set a date and time for a preliminary hearing. A preliminary hearing is usually held where the judge needs to explain something to one of the parties in person, or wants to throw out the case because one party has no real chance of winning; or
fix a date and time for a final hearing to make a decision on the claim. See Q&A 58 for how to prepare for a final hearing.
The court will give directions for other steps that you have to take to prepare the case, for example, what evidence the court requires you to prepare and when you need to send it to the court and the other side.
If you are the party bringing the claim, you will also be required to pay the court a hearing fee at this stage. The court will tell you the exact amount and how to pay the fee, but if you want to work it out yourself see Q&A 7.
The purpose of this questionnaire is to work out whether it is suitable to treat the matter as a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. and to decide how to manage the claim to its conclusion.
You need to complete the questionnaire and send it back to the court within the deadline given. For cases in the Civil National Business Centre you can send this to the court by email at DQ.CNBC@justice.gov.uk. When completing the questionnaire, you should consult with the other side to ensure that your answers are the same where possible.
The questionnaire gives you some options, such as whether you want to use the A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service to try and settle the dispute (compulsory for all A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. issued since 22 May 2024), whether you intend on having any witnesses or expert evidence, and where you want the hearing to be. If both parties indicate that they would like to settle the claim, the claim will be referred to the court's A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. service. This will happen automatically for cases issued since 22 May 2024.
Your notice of allocation tells you whether your claim is a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. or not which influences how it will be managed by the court. There are four tracks that it can be allocated to: A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., The procedure and timetabling used for legal claims which are too valuable to be small claims, but are still of relatively low value and complexity (and so are able to be dealt with quickly)., The procedure and timetabling used for legal claims that are too valuable or too complex to be small claims track or fast track, and which have a money claim value of no more than £100,000, limited parties and expert evidence, and an expected trial length of less than three days. and The procedure and timetabling used for legal claims which are too valuable or too complex to be small claims track, fast track or intermediate track claims..
The The procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). is for simple matters worth £10,000 or less.
Cases allocated to the The procedure and timetabling used for legal claims which are relatively simple and low-value (less than £10,000). are dealt with quicker and less formally than larger or more complex cases.
Since 22 May 2024, all A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. for money are referred to a compulsory one-hour A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. session with the court's A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service. You do not have to settle at A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement., but you should try to do so. These sessions are free and will take place after the directions questionnaires have been filed.
Failure to attend the A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. session offered by the A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. A voluntary process by which an independent third party (a mediator) helps two or more parties in dispute come to a mutually acceptable agreement or arrangement. Service may be considered unreasonable, at the court's discretion, which can lead to an order for the unreasonable party to pay the other party's costs.
The court also has power to order ADR: A collective description of methods of resolving disputes otherwise than through the normal trial process, which include mediation or arbitration. in all claims, once a claim has been issued. Failure to comply with a A command made by a court or a judge which requires a person to do or not do something. can result in a range of sanctions, including costs consequences or having a statement of case struck out.
Take the following steps:
Write a list of issues
With the claim and defence in front of you, prepare a list of issues in the case. An issue is something that you and the other side disagree about. This will help you decide what evidence you need to address those issues.
Gather the documentary evidence you need to address those issues
Possible evidence includes any written contract or terms and conditions, invoices, receipts and Signed written statements of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true.. Signed written statements of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true. in particular need time and attention to prepare properly – see Witness statement for a template with guidance.
Send copies of all your evidence to the other side and the court in good time
The court will have send you instructions on the deadline for this. It is usually a minimum of 14 days before the hearing date.
Do anything else that the court has asked you to do
Different courts have different ways of doing things, so always check all the court orders you have been sent to make sure you have done everything asked of you.
Get organised for the hearing
Organise all your notes, paperwork and evidence before the hearing so that you can turn to a particular page quickly in court. Make sure you are clear on exactly how much money you say is due, including an up-to-date interest calculation.
If your hearing is being conducted via telephone or video, see Q&A 59 for further practical steps you can take to prepare for your online hearing.
If your hearing is being conducted in person, you should check the location in advance, along with any parking or transport requirements. You should Alternative Investment Market, a sub-market on the London Stock Exchange for growing companies to arrive 30 minutes in advance of the time given to you by the court.
For guidance on what happens during the hearing, see Q&A 72.
In addition to the preparatory steps set out at Q&A 58, if your A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearing will be conducted via telephone or video platform, take the following steps in good time beforehand:
decide where you'll sit for the hearing, choosing somewhere quiet where you will not be disturbed, with a blank or neutral background and the light in front of you so your face is visible (for video hearings);
let any people who also use the space know when the hearing is, as you must not be interrupted;
make sure the device you'll use is fully charged (and preferably plugged in), so you do not get cut off;
for telephone hearings, make sure you have turned off any call-barring services you use so that you can be reached;
for video hearings, make sure you have tested the cloud video platform on your device before the hearing, to ensure it works and you know how to use it;
have copies of the documents available for your own benefit during the hearing (either printed or electronic copies);
for video hearings, turn off your mobile phone and anything else that could interrupt you during the hearing; and
be ready at least 20 minutes before the hearing starts.
For guidance on what happens during the hearing, see Q&A 72.
Yes. The court will have sent you a list of instructions (known as directions), normally with the notice telling you that your claim is to be a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. (called the notice of allocation). There will usually be a direction that you send copies of all documents to the court and the other party 14 days before the hearing date, and then bring the originals to court on the day.
It is crucial that you comply with all of the directions given by the court – if you do not the court can punish you in various ways, for example by adjourning (postponing) the case or ordering you to pay extra Fees, charges and expenses paid to lawyers for their services..
No, but it can damage your chances of success if you do not either attend or send a lawyer on your behalf (for access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service). For what to do if no one is attending court in your case, see Q&A 62. Attending court will:
give you an opportunity to explain your position to the judge and for the judge to ask you questions to clarify any uncertainties;
allow you to check that the judge has all the relevant documents to your dispute. It is not unheard of for paperwork to go to missing; and
enable you to react to anything new that the other side brings up. It is also difficult to predict what they might say in court. By being there, you will have the opportunity to respond and ensure your claim is dealt with fairly.
That said, there is no obligation for you to attend court. You may feel that the court has everything that you need to say on the matter in the documents submitted and it is not worth the expense and time involved in travelling to the court.
You must write to the court to ask for the case to be dealt with in your absence. Do not just fail to turn up without telling anyone.
It is crucial that you send the letter to both the court and the other party and ensure that it arrives at least seven days before the hearing date. You must also send any documents which you have filed at the court to the defendant at least seven days before the hearing date, otherwise they will not be taken into account by the court.
See here for a template letter you can use: Letter of non-attendance for small claims hearing.
If you do not give proper written notice to the court of your non-attendance, the court may strike out your claim. This would bring your claim to an end. If you are defending a claim against you, the court may disregard your defence and decide the case based only on the other side's account.
If you want to attend the hearing but you are unable to make it on the date set, see Q&A 63 for information about how to apply for an adjournment.
If you would like to attend the hearing but, for a good reason, you cannot attend on the date that has been fixed, you will need to apply to the court to have the hearing adjourned.
First, write to the other side to get their consent to an adjournment as it will save you time and money if they agree.
Once you know the other side's position you will need to apply to the court at which your hearing has been listed using Form N244:
fill in the form (see Q&A 64 for tips on doing this and the guidance note on the HM Courts and Tribunal Service website);
send enough copies to the court (see Q&A 65);
pay the court fee (see Q&A 66);
send a copy to the other side (see Q&A 67); and
chase it up if you do not hear back from the court within seven days about its decision, or if the matter is urgent (eg if you have made the application quite close to the date of the hearing) (see Q&A 68).
When filling in the application form asking the court to adjourn your A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearing so that you can attend, bear in mind the following:
Question 3
Specify that you are seeking an order to adjourn the hearing and briefly set out the reason for this (eg due to illness).
Question 5
Indicate whether you would like your application to be dealt with either with or without a hearing. The court is usually happy to deal with adjournment applications without a hearing if the other side has either agreed to the adjournment or is also happy for there to be no hearing. It will save you time and money if you do not have to attend court. Note that the court may choose to set a hearing anyway and, if it does so, you will be expected to attend. Remote hearings are only permitted if at least one party is represented by lawyers.
Question 6
If you are not sure how long your hearing will take, leave this blank.
Question 8
Here you are asked what level of judge should deal with the application. Insert here that the application should be dealt with by a District Judge.
Question 9
Give the name of the other side in the case as they will need to be Delivered or sent documents to someone for use in court proceedings in a way that complies with court rules. with a copy of the application. You can just write 'Claimant' or 'Defendant' as appropriate if you prefer.
Question 10
Your application must be supported by evidence. Use the box at question 10 to provide this rather than writing a separate A signed written statement of a witness's evidence, including a statement from the witness that he believes that the facts in the statement are true.. The court is only likely to grant an adjournment if there is a good reason for your inability to attend on the date fixed, therefore you should set out clearly and concisely in this box why you are asking for the hearing to be adjourned. If you are unable to attend for medical reasons, you should provide a doctor's note to support your application; if you have pre-arranged holiday, produce evidence of this (the court is very unlikely to grant an adjournment unless the holiday was booked before the hearing date was set). If the other side has consented to the application, say so and attach evidence of this (eg a letter or email confirming their consent).
A short written statement explaining that the signatory believes the contents of a document to be true. Court documents and witness statements are usually verified by a statement of truth.
Finally, it is very important that you sign the A short written statement explaining that the signatory believes the contents of a document to be true. Court documents and witness statements are usually verified by a statement of truth. at the end of the form. Tick the statement that begins 'I believe...' if you have brought the claim personally, or 'The applicant believes...' if you are acting for a A private company limited by shares incorporated and registered in England and Wales. . In either case, remember you are swearing to the truth of what is in your application, so make sure you have read it carefully and are happy with it.
Speak to the court where your hearing is listed and find out how you should send the application to them for filing (eg by post or hand delivery). You will be able to find contact details for the court on the government court and tribunal finder. If you need to hand deliver the application to the court, find out whether you need to make an appointment first.
The court will stamp the application to show the date that you have filed it, therefore however you provide the application to the court, you should make sure you give them at least three copies to ensure that there are enough stamped copies for:
the court to file a copy;
you to keep a copy for your records; and
a copy to be Delivered or sent documents to someone for use in court proceedings in a way that complies with court rules. on the other side (see more below).
Whether or not you need to pay a fee depends on how far in advance you apply and whether the other side has agreed to your request or not:
you will not need to pay a fee if the other side has consented to an adjournment and the court receives your application at least 14 Used for calculating time in law. Clear days are complete days but do not include: (i) the day on which the time period begins; and (ii) the day on which the period is stated to end. For example, the notice period for a shareholders' meeting would start the day after notice was received (or deemed received) and end the day before the meeting itself. before the date of the hearing that you are trying to adjourn;
if the other side has consented to the adjournment, but there are fewer than 14 days to go, the fee will usually be £123;
if the other side does not consent, the fee will be £313 .
If a fee is payable, it should usually be paid either in person at the court by cheque, cash, debit or credit card or by post with a cheque made out to 'HM Courts and Tribunals Service'. Confirm with the court that your preferred method of payment is acceptable to them.
Yes. Either you or the court will need to To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. a copy of the application on the other side as soon as possible after it has been filed at court. If you are responsible for sending it to them, make sure you send a stamped copy (ie one that the court office has authenticated with a stamp – they do this when the application is received and entered into the system).
If the court chooses to consider your application at a hearing instead of simply on paper, you must ensure that the other side gets a copy of it at least three Used for calculating time in law. Clear days are complete days but do not include: (i) the day on which the time period begins; and (ii) the day on which the period is stated to end. For example, the notice period for a shareholders' meeting would start the day after notice was received (or deemed received) and end the day before the meeting itself. before the hearing date.
Ask the court who is responsible for serving the application. If the court says that you must To deliver or send documents to be used in court proceedings to someone in a way that complies with court rules. it, you must either personally deliver the application or send it by first class post (or another postage service that will provide for next Any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas day. delivery) to the address that the other side has provided for service in relation to the case (which will be their solicitor's address if they have instructed a lawyer).
Chase your application if you do not hear from the court after a few weeks, or if it is urgent.
The court will give your filed application to a listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. who will pass it on to the judge who has been assigned to your case. The judge will either deal with your adjournment application on paper (ie without a hearing) or list it for a hearing.
If your application is urgent (ie the hearing date you are trying to adjourn is within the next seven days), telephone or email the listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. and ask for it to be dealt with as a matter of urgency. You will be able to find contact details for the listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. on the website for the relevant court. If your application is not urgent, you should still keep an eye on the time and speak to or write to the listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. if your application is not dealt with in good time before the hearing date that you are trying to adjourn. You should also speak to the listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. if the hearing for your adjournment application is listed on the same day (or even after) the hearing you are seeking to adjourn to see if you can avoid this.
See here a sample letter to the court's listing In a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. to request that your adjournment application be dealt with by the court as soon as possible: Letter to the listing officer.
There is no official dress code for you, but you should dress up smartly, present yourself well, and try and give a good impression to the judge. The judge will be wearing a suit or smart office attire, not a wig or gown.
You do not have to wear a face covering, but you may choose to do so. Other than a face covering, you may not wear anything on your head in a court building unless it is for religious reasons.
Your case will usually be heard by a district judge or deputy district judge. You should address the judge as ‘Judge’.
You should ensure you know your case number (which may be found on any correspondence from the court), and bring all the papers with you that you need for the hearing, including copies of any documents that have been submitted to court. You may also wish to bring food and drink (including water), as not all courts have refreshments available.
You should Alternative Investment Market, a sub-market on the London Stock Exchange for growing companies to arrive 30 minutes in advance of the time given to you by the court. There may be more than one case scheduled at the same time, so be prepared to wait if necessary.
A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearings are informal. They will usually take place in the judge's room, known as chambers, rather than a big courtroom. Many court hearings are now conducted via telephone or video platform. If your hearing is to be conducted online, you will be sent full instructions in advance about how to access the video platform and how the hearing will be conducted. For guidance on preparatory steps you can take before a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearing, see Q&A 58 and Q&A 59.
There is no set structure to be followed in a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. hearing. The judge may start by asking questions straight away, or they may give you and the other party an opportunity to briefly summarise your cases first. If your case involves witnesses, they will usually be given an opportunity to speak to the judge. Ultimately, it depends on the particular judge who is hearing your case as to how they prefer to deal with matters, so be prepared to be flexible as to how your case is discussed and the order in which the issues are considered.
After hearing from all the parties, the judge will usually give a decision orally straightaway, known as the judgment.
At the end of the hearing the judge will make a decision and explain why they have reached such a decision. They will then make an order, which is an official command from the court, for example an order that the defendant pays a sum of money. The judge will also make an order on costs (eg who is to pay the court fees – see Q&A 5 and following for more information). A copy of the order will be posted to both you and the other party, but it is a good idea to make a note as the judge is explaining it as it can take some time to get typed up and arrive.
Within 14 days unless the order says otherwise. For example, if an order simply says 'the Defendant shall pay the Claimant the sum of £1,000' without giving a date by which payment must be made, it must be made within 14 days of the order being given.
If you or the other side in your case are late in paying, further action to enforce the judgment can be taken by the party who is waiting for payment. See Q&A 78 and following for a summary of the available options.
Yes, it is possible to appeal the judgment or order (or even part of the judgment or order) in a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer.. You can also appeal a costs order made in a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. (ie an order about the payment of Fees, charges and expenses paid to lawyers for their services. from one party to the other).
However, you cannot appeal simply because you disagree with the way the judge used their discretion to decide the case. You can only apply to appeal a decision if it was wrong, or if it was unfair because there was a serious problem with the procedure followed or other irregularity in the proceedings. This is a very high threshold and the majority of attempts at appeal are not even granted permission to get started ahead by the court. Carefully consider whether appealing a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. is really worth your time, effort and money. It will only rarely be appropriate.
An application to appeal carries a fee of £147. There is only very limited responsibility for the loser to pay the winner's Fees, charges and expenses paid to lawyers for their services. of any A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer. appeal. The rules are the same as for the costs of the original trial. See Q&A 5 and following for these rules.
If you do want to appeal the decision, you need to send appeal form N164 to the court. The appeal process is much less user-friendly than a A relatively low-value (less than £10,000) and simple legal claim. Small claims are generally dealt with much more quickly and simply than more serious legal disputes, and in many cases those involved can handle the dispute themself without hiring a lawyer., so far less suitable to tackle without the assistance of a lawyer. Full details of the appeal process is beyond the scope of this service but you can use this government guidance on appeals to help you if you wish to proceed.
After the court gives an order, the other party normally has 14 days from the date of the hearing to comply with it (eg make a payment to you), unless the order says something different. If they fail to do so, there are a several ways of forcing payment which you can pursue at the same time or one after another. They are useful in different circumstances:
If the debtor has valuable Physical items being sold. Distinguished from digital content and services, neither of which are physical items.
If the person or business that owes you has some valuable Physical items being sold. Distinguished from digital content and services, neither of which are physical items. you can use court People authorised to enforce a debt by taking the debtor's property to sell it and pay off the debt. to take and sell them.
If the debtor is employed
If the debtor is employed and you know where they work you can ask to take a percentage of their earnings direct from their A person or business hiring one or more staff members., called an attachment of earnings order.
If the debtor has money in a bank account
You can ask for a A court order requiring someone who owes a debtor money to pay it to his creditor instead. Usually, these orders require a bank or building society to pay money to a creditor of the account holder.. This order forces the bank to freeze the debtor's accounts. The court will then decide whether that money should be paid to you to satisfy your judgment.
If the debtor owns a property
You can ask for a charging order. This is similar to a A loan (usually to an individual or individuals) to purchase a property, which is secured on the property. and is usually a long-term solution for payment of a debt. It secures the debt to you against the property so that if the debtor sells it, you will get paid automatically out of the proceeds of sale. In some circumstances, you can force the sale of the property, but this is unlikely to be realistic for small sums. The procedure for obtaining a charging order involves court hearings and full coverage is outside the scope of this service.
See Enforcing a judgment debt for more detailed guidance about how to recover a debt that you are owed using these methods.