When you're thinking about making a small claim, remember that you need to pay a small claims court fee before you start. So, it's important that you're confident that you can recover this cost before you think about starting a small claim.
For non-monetary small claims the small claims court fee is £150, but for money claims the exact figure will depend on the amount of your small claim. At present, the small claims court fees are as follows:
| Amount claimed | Small claims court fee | Money Claim Online fee |
| Up to £300 | £30 | £25 |
| Up to £500 | £50 | £35 |
| Up to 1,000 | £80 | £60 |
| Up to £5,000 | £120 | £100 |
Since the small claims court fees do change, it's best to have the staff at the small claims court advise you what your fee will be when you issue the small claim.
Or, if you're making a Money Claim Online, you can find out the latest fees online.
The defendant will be ordered to pay the small claims court fee if you win your small claim, but remember that you still have to recover the money from the defendant.
Recovering small claim costs
You can recover the following costs if you win your small claims case:
- The small claims court fee paid to issue the small claims case, for lodging an Allocation Questionnaire and for any applications to the small claims court.
- If you used a solicitor to issue the small claim or to help you, the fixed costs for issuing the small claim. Currently, these are between £50 and £80, depending upon how much you recover.
- Any witness expenses, such as for travel, and loss of earnings limited to £50 per day per witness. This is necessary if a witness is needed to corroborate your story, testify as to events or give an expert opinion. Expert witness fees are limited to £200, provided that the court gave a direction for expert evidence or the small claims court considers that it was appropriate.
- The costs of enforcing your small claims judgment, if the debtor fails to pay.
Remember that the case can be transferred by the judge out of the Small Claims Track to the Fast or Multi Tracks in circumstances where the judge feels it's too complex, legally or factually. If this happens, from that date onward the winning party can recover the legal costs of instructing a solicitor.
It’s worth checking your household insurance if you're considering starting a small claim; some policies include legal expenses insurance.
What if you cannot afford the small claims court fees?
If you cannot afford to pay the small claims court fees, you may be entitled to a remission (reduction) of the small claims court fees payable or you may be exempted from having to pay the small claims court fees at all. Ask your county court office for form EX160A or visit the Court Service's website to find out if you qualify for help.
More small claim information
Find out more about making (and winning) a small claim
Making a Money Claim Online? Read our MCOL essential user's guide
