Owed £10,000? You Don’t Need a Fortune to Go to Court

Issue No. 3 | November 2026 | Free Newsletter

The little-known court procedure that lets ordinary people and businesses fight their corner — without spending thousands on solicitors and barristers.

Someone owes you £6,000. They refuse to pay. You threaten court proceedings.

Their response?

"Go ahead. I've got solicitors. It'll cost you a fortune."

Sound familiar?

Perhaps you've paid a builder £8,000 for work that's never been completed. Or a customer owes your business £4,500 and simply ignores your invoices.

You know you're right. You have the documents to prove it.

But you hesitate.

Why?

Because you've heard stories about people going to court, losing and ending up with enormous legal bills.

Here's the good news. For many disputes worth up to £10,000, the rules are very different.

Welcome to the Small Claims Track.

First, what exactly is a small claim?

Despite what many people think, there isn't a separate Small Claims Court.

Small claims are generally heard in the County Court, using a special procedure called the Small Claims Track.

It's designed to make justice accessible to ordinary people and businesses without requiring expensive legal representation.

In England and Wales, most straightforward money claims worth no more than £10,000 will normally be allocated to this track.

Examples include:

• A customer refusing to pay an invoice.
• A builder failing to complete agreed work.
• Faulty goods or services.
• A business breaking a contract.
• A disputed loan between individuals.
• Damage to property caused by negligence.

Some claims, particularly personal injury, housing disrepair and certain specialist disputes, have different rules or limits.

But for thousands of everyday commercial and consumer disputes, the Small Claims Track offers a practical route to justice.

The big surprise: you don't need a solicitor or barrister

This is something many people simply don't know.

You can represent yourself.

But you can also have someone else present your case.

They're called a lay representative.

Under the Lay Representatives (Rights of Audience) Order 1999, a person who isn't a solicitor or barrister can generally speak on your behalf at a small claims hearing.

That person might be an experienced advocate, a colleague or another suitable individual.

There is one particularly important rule.

You must normally attend the hearing yourself.

The lay representative can then present your case, explain the evidence, question witnesses where permitted and make submissions to the judge.

The usual right does not extend to appeals or proceedings after judgment, although the court retains discretion to permit representation in circumstances outside the Order.

Companies have additional representation rules, including provision for officers or employees.

This means that, in an appropriate case, you can obtain experienced assistance without paying the fees normally associated with employing a solicitor or barrister.

Now for the really important bit — legal costs

In ordinary civil litigation, losing can be extremely expensive.

You may have to pay not only your own legal fees but a substantial contribution towards your opponent's legal costs.

Small claims are different.

Under Civil Procedure Rule 27.14, the general rule is that the successful party cannot recover ordinary legal representation costs from the losing party.

Imagine you sue someone for £7,000.

Your opponent employs a solicitor and spends £5,000 defending the claim.

You lose.

Does that automatically mean you must pay their £5,000 solicitor's bill?

No!

That is precisely the kind of financial exposure the small claims costs rules are designed to restrict.

But there are exceptions.

The court can generally award court fees, certain fixed costs, reasonable travel expenses, limited loss of earnings for attending hearings and permitted expert fees.

And there is one particularly important warning.

If a party behaves unreasonably during the proceedings, the judge can order additional costs.

So don't ignore court orders, miss deadlines or conduct your case irresponsibly.

The protection is substantial, but it isn't absolute.

What about the cost of bringing a claim?

There are court fees.

For example, the current issue fee for a money claim between £5,000.01 and £10,000 is £455.

A separate hearing fee may also be payable if the case proceeds to a final hearing.

If you win, the court can normally order your opponent to reimburse your court fees.

But winning a judgment doesn't guarantee payment. If the defendant refuses or cannot afford to pay, enforcement may be necessary.

And remember: if you choose to pay an advocate or solicitor, you will usually have to bear that expense yourself, even if you win.

How does a small claim actually work?

The process is more straightforward than many people imagine.

Step 1 — Write before you sue.

Explain what has gone wrong, what you want and why you believe you're entitled to it.

Give the other party a reasonable opportunity to respond and follow any applicable pre-action protocol.

Step 2 — Issue your claim.

If the dispute cannot be resolved, you can begin proceedings through the appropriate County Court process, often online.

You'll need to explain your claim and pay the relevant court fee.

Step 3 — The defendant responds.

They may admit the claim, pay it, dispute it or bring a counterclaim.

If they fail to respond, you may be able to request judgment in default.

Step 4 — Mediation.

For most defended money claims of £10,000 or less, the parties are required to participate in the court's free mediation process.

Many disputes can be resolved without a final hearing.

Step 5 — Prepare your evidence.

If the case continues, the court gives directions.

You'll usually need to exchange relevant documents and witness statements or other evidence by specified deadlines.

Step 6 — The hearing.

A District Judge hears the case.

The hearing is generally less formal than an ordinary trial.

The judge examines the evidence, listens to the parties or their representatives and decides the outcome.

You don't need to speak in complicated legal language.

But you do need to establish your case.

The mistake people make

Many claimants think that because they're owed money, they must win.

Unfortunately, it isn't that simple.

You need to prove the contract, the breach and the amount claimed.

And if you're defending, simply saying "I don't owe it" may not be enough.

Preparation wins cases. Confidence alone doesn't.

Documents matter. Witnesses matter. The legal basis of the claim matters.

A properly prepared case is often much more persuasive than an angry argument.

The Talk Legal view

We believe the Small Claims Track is one of the most useful parts of our civil justice system.

But far too many people are frightened away by the prospect of legal costs or simply don't know how to present their case.

And others spend more on legal representation than the dispute justifies.

At Talk Legal, we concentrate on practical solutions.

We talk to you, listen carefully, ask questions and examine your documents.

We then give our initial assessment, often in writing and completely free.

If you decide to instruct us, we offer fixed-fee small claims assistance for eligible disputes between £3,000 and £10,000.

We can help prepare the case and arrange appropriate advocacy at the hearing, subject to the applicable representation rules.

No obligation to instruct us. No fee unless you agree in writing.

Someone owes you money? Or are you being sued?

Don't panic. Don't ignore it. Talk to Talk Legal.

Serious about your case. Determined to win.

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The Legal Brief provides general information about civil small claims in England and Wales. Different procedures apply in Scotland and Northern Ireland. The small claims costs rules have exceptions, and not every claim worth £10,000 or less will be allocated to the Small Claims Track. This article is not individual legal advice. Talk Legal is not regulated by the Solicitors Regulation Authority.