Going to court

You will have to go to small claims court if the other person responds to your claim. The small claims system does not involve using a solicitor or barrister.

The other person hasn't responded

If the other person doesn't reply you can ask the court to go ahead with your claim. What happens next depends on whether your claim is liquidated or unliquidated. Your information pack will explain what to do next.

You can't ask the court to go ahead with your claim if:

the other person is under 18,
the other person is certified as incapable of managing their own financial affairs.

The other person has responded

You will have to go to court if the other person returns a Notice of Dispute or Counterclaim. You will be sent a copy along with a Notice of Hearing which explains:

the date of the hearing,
the time of the hearing,
the location of the hearing.

You must go to court if the other person disputes your claim or issues a counterclaim. Contact the small claims office immediately if you are unable to make it to the hearing. They may be able to offer you an alternative date.

What happens at court?

The small claims court is designed to be easy to use without a barrister or solicitor. If you decide to use a barrister or solicitor you will have to pay their fees. You can't add these costs to your claim, even if you win.

You will usually be asked to give your version of the facts of the case, before the other person is asked to do the same. You will have the chance to question the other person and any witnesses. You can prepare for this by studying the other person's Notice of Dispute or Notice of Counterclaim. The other person will also get the chance to question you and your witnesses.

The judge will usually make a decision immediately.

Will I have to pay fees?

If you win your claim the other person will usually have to:

pay you the amount decided by the judge,
pay your application fee,
pay any costs awarded by the judge.

If you lose your claim you won't get your application fee back, and the other person won't have to pay you anything.

If the other person wins their counterclaim you will usually have to:

pay the amount decided by the judge,
pay the other person's application fee,
pay any costs awarded by the judge.

Can I appeal?

It isn't usually possible to appeal the decision of a small claims court. You can't appeal because you disagree with the judge's decision. There must be a legal reason for appealing. Get legal advice before starting an appeal.