Small Claims Track Overview

The Small Claims Track still operates within the boundaries of the Civil Procedure Rules (CPR); however, one notable exemption from the CPR in respect of small claims is recovery of costs. Only very limited costs are recoverable within Small Claims Track proceedings, such as fixed solicitors costs; court fees; and certain expenses. You can see an overview of what costs are recoverable within Small Claims Track proceedings at Part 27, the actual sums detailed in CPR PD27.1

The court expects the parties to a small claim to keep any costs that they do incur proportionate to the value of the claim having regard to what is known as the overriding objective. This is because of the costs rules and whilst a party can, of course, be legally represented in a small claim, continuous consideration should be given to the costs involved. A solicitor/legal representative should advise a party of the likely costs entailed and funding options available (i.e. before the event insurance), so that an informed decision can be made.

For parties proceeding as litigants in person, the Civil Justice Council has published a guide to assist unrepresented claimants and defendants in navigating the Small Claims Track, albeit you should refer to the HM Courts and Tribunal Service Guide EX50 for the most up to date guidance on court fees.

Once a claimant has issued their small claim, if those proceedings are defended, the court will send to the parties a Notice of Proposed Allocation to the Small Claims Track. The court will usually direct that the parties file Directions Questionnaires giving further information which will be used by the court to manage the claim through to a hearing. There will usually be only one hearing in a small claim, albeit the court does have general powers to take further steps to help the parties settle certain types of cases if the court considers it appropriate.

The court will, at all stages, expect the parties to give consideration as to whether the dispute can be resolved without the involvement of the court. A free mediation service is offered within the Small Claims Track with the aim of helping the parties resolve the matter without the need for a hearing. However, even if mediation is offered, it does not delay the general court process and the parties must still comply with any directions made by the court.

If a party wishes to give evidence at trial, then they must first put such evidence in a written Witness Statement and file the same with the court and provide a copy to the other party in accordance with the directions made by the court. A Witness Statement must include a statement of truth and must only be signed by the person making the statement. If a party is relying on the witness evidence of a third party, then such third party is generally required to attend any hearing listed with a view to giving supporting oral evidence. However, the court does have the power to limit the number of witnesses and cross-examination and a witness will usually only be able to talk about matters that are covered in their written witness statements.

In small claims, the parties are only required to disclose the evidence on which they intend to rely. Therefore, if a party considers the opposing party has relevant evidence that is undisclosed, an application must be made to the court for a special direction that they bring it to a hearing.

All documentation that a party intends to rely upon at a Small Claims Track hearing must be sent to the court, and the other party, no later than 14 days before the hearing.

Small Claims hearings are held before a District or Deputy District Judge and are generally short hearings, up to a maximum of 3 hours, and relatively informal. The parties will receive notice of the date of the listed hearing at least 21 days before it takes place. The hearing will usually be heard at the County Court nearest to the defendant. Judges have significant flexibility to ensure that a case is dealt with fairly. The court’s decision made at the hearing may be appealed; however, the appellant must show a mistake by the court or other procedural irregularity. The process for appeals is governed by CPR52.