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How to sue in UK Small Claims Court? Claims process and fees under £10,000

JustiScript

In May 2026, a very inconspicuous court session was held in Wandsworth County Court in London. The plaintiff was a freelance HR consultant who was owed £7,000 by a client; the defendant hired a solicitor and a barrister to form a complete team.

The plaintiff won. Her total cost for this battle was approximately and £400 - she used Garfield.Law, the first pure AI law firm approved by the British regulatory agency SRA in 2025. This was the first time it went to court and it won.

This news has hit the screen in the British legal circle, but for ordinary Chinese people in the UK, the really useful information is actually on another level: the small claims court procedure was originally designed for "ordinary people without lawyers". Deposits were hacked, wages were withheld, renovations were completed halfway through and the merchants ran away, and merchants refused to refund fake goods they bought—you can sue yourself for these unpleasant things that cost hundreds to thousands of pounds.

What can I sue in the UK Small Claims Court? £10,000 is the dividing line

Civil litigation in England and Wales is divided into "three tracks". If the claim amount does not exceed £10,000, it usually takes the small claims track (small claims track), based on the Civil Procedure Rules CPR Part 26 and Part 27.

The most common applicable scenarios: Landlords withholding deposits and failing to repay them, employers arrears with wages or last month's salary, buyers/sellers breach of contract, home decorators who refuse to work after being paid, flight delay compensation being denied, and online shopping return merchants defaulting on their accounts.

⚠️ Two exceptions to keep in mind: personal injury cases have a much lower threshold; and claims involving illegal eviction and harassment will not be assigned to the small claims track regardless of the amount. In addition, if the rental deposit is stored in a government-certified deposit protection plan (TDP), go to the free arbitration that comes with the plan first, rather than going directly to court.

There is another red line that is easily overlooked: statute of limitations . According to the Limitation Act 1980, contractual debt disputes generally last for 6 years, starting from the date of default. Don't delay.

This letter must be sent before filing a lawsuit in UK Small Claims Court

Many Chinese friends take the wrong step in the first step - send 30 reminders on WeChat/WhatsApp, and then go directly online to file a case. The courts will not be happy.

The CPR's Practice Direction on Pre-Action Conduct requires that the other party must be given a written opportunity to resolve the matter before filing a lawsuit. This letter is called Letter Before Action (pre-litigation reminder letter) . The content should include: how much is owed, why it is owed, what contract or facts it is based on, how many days to give a reply, and "if the deadline is exceeded, a lawsuit will be filed in court."

For individual debtors, 30 days are usually given according to the Pre-Action Protocol for Debt Claims; 14 days is a common practice for general commercial disputes. If you sue without sending this letter, the judge has the power to fine you with costs.

In reality, the power of this step is seriously underestimated: a large number of disputes are settled directly after receiving a formal reminder letter with a formal header, and never go to court. If you don’t want to write it yourself, you can spend £5 on justiscript.com to generate a formal demand letter that complies with CPR pre-litigation procedures, has a law firm’s letterhead and signature.

Small Claims Filing Process and Court Fees (2026)

The whole process can be completed online, using GOV.UK's Money Claim Online (MCOL) or the new "Make a money claim" service. Don't panic if your Chinese is not good, the form is a structured option.

The process is roughly as follows: files a case online and pays the fee → the court serves the complaint to the defendant → the defendant responds within 14 days → both parties fill out the Directions Questionnaire → free mediation → a court hearing is scheduled for if mediation is not possible. If the defendant does not respond, he can apply for a default judgment, and many cases where money is owed are ended here.

The filing fee is graded according to the amount of the claim, starting from the lowest bracket of tens of pounds, to the highest bracket (hundreds of pounds) of £5,000-£10,000. Court fees are calculated separately and are only paid when a court date is actually scheduled. Note: The court fee schedule has just been adjusted to on July 13, 2026. Please refer to the latest version of EX50A on GOV.UK before paying. Those with lower incomes can apply for Help with Fees relief.

The good news is: these fees can be recovered from the other party if you win. When making a claim, you can also claim annual interest of 8% according to County Courts Act 1984 s.69. Many people forget to write this.

3 hidden rules of small claims court, if you don’t know you will be at a disadvantage

🔹 If wins, she won’t get her attorney’s fees back. CPR 27.14 clearly limits the recovery of small-amount track costs: basically the only things that can be recovered are court fees, limited transportation costs, lost work fees (maximum of £95 per person per day), and expert fees (maximum of £750 per person). So it’s not financially worthwhile to hire a full team of lawyers to fight a £2,000 lawsuit – which is exactly what the AI ​​law firm news is about.

🔹 mediation is free and basically impossible to avoid. ’s eligible small claims cases will be automatically referred to HMCTS’s Small Claims Mediation Service (SCMS). The mediator will call both parties separately for about an hour. There are no additional court fees and the agreement reached is legally binding. Don’t think of it as a formality – it’s the fastest way to get your money.

🔹 Evidence is a hundred times more important than eloquence. Small claims court is informal, and the judge usually sits in a small room and asks you questions directly. What he wants to see are contracts, invoices, bank statements, screenshots of chat records (with timestamps), and photos. Keeping a file on file from the first day of a dispute is much more useful than speaking beautifully on the day of court.

Should the verdict win in favor of the other party or not pay? English means of enforcement of claims

Getting the judgment ≠ getting the money, this is the step that most people miss. If the other party refuses to pay, you need to apply for separate enforcement: apply for an execution order to send bailiffs to seize property (warrant of control), attach wages order (attachment of earnings order), freeze their bank account (third party debt order), or place a charging order on their property. Each item requires an additional fee, which can also be recovered from the other party.

In addition, unpaid County Court Judgment will be entered into the CCJ register and retained for 6 years, directly affecting the other party's credit record and loan - this in itself is a very effective pressure tool and can be pointed out in the demand letter.

💡 A visa reminder: Small civil disputes belong to the civil category and are not criminal convictions. Under normal circumstances, they will not affect your visa renewal or permanent residence application. However, if you have been sentenced to CCJ and have not repaid it for a long time, it is best to confirm with a lawyer in advance during the naturalization application stage involving the "good character" assessment.

If you are not sure whether your case can go to small claims court or how to word the demand letter, you can also spend £5 on justiscript.com to get a written reply from a practicing British lawyer within 24 hours, in both Chinese and English.

This article is for reference only and does not constitute legal advice. Please consult a licensed attorney for specific questions.

💬 Let’s chat in the comment area: What’s the most outrageous “money you won’t get back” you’ve ever encountered in the UK? Did the landlord withhold the deposit, the employer withheld wages, or did the decorator disappear after receiving the deposit? Let’s talk about the amount and results, so that people who come after you can avoid detours.

📌 Collect it first if you think it is useful, and then dig it out when you encounter a dispute. It is better than cramming it in a temporary way.

[Data source] GOV.UK: gov.uk/make-court-claim-for-money|Civil Procedure Rules Part 27(justice.gov.uk)|GOV.UK: Court and tribunal fees updates from July 2026

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How to sue in UK Small Claims Court? Claims process and fees under £10,000 | JustiScript Immigration Blog