This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A comprehensive guide to costs in small claims consumer cases in England and Wales. Explains court fees, recoverable costs, legal representation options, and cost risks if you lose. Practical information for consumers, students, and solicitors.
Disputes between consumers and traders often involve money or contractual rights. When these disputes cannot be resolved informally, individuals can use the small claims track of the civil court system in England and Wales to pursue a remedy. One of the key considerations before starting a small claim is understanding the costs involved - how much it might cost to bring or defend a claim, what costs can be recovered from the other side, and what risks there may be if the claim fails. This guide explains the law and practice on costs in small claims consumer cases in clear, practical terms.
1. What Is a Small Claim and When Does the Costs Regime Apply?
A small claim is a civil dispute where the value of the claim (excluding court fees and interest) is generally £10,000 or less. Common examples include:
- unpaid invoices for goods or services;
- reimbursement for faulty or mis‑described consumer goods;
- compensation for poor workmanship.
Most small claims are dealt with in a County Court and are subject to a simplified costs regime under Part 27 of the Civil Procedure Rules (CPR) and its associated Practice Directions. The purpose of this regime is to keep costs low and make the process accessible to those acting without lawyers.
2. Court Fees: What You Must Pay to Start and Continue a Claim
When you start a small claim, you will pay court fees. These fees are set by the Ministry of Justice and vary depending on the value of the claim.
Issue (Claim) Fees
You must pay an issue fee when filing a claim. Current fee bands for monetary claims are approximately:
| Claim Value | Issue Fee |
|---|---|
| Up to £300 | £35 |
| £300.01–£500 | £50 |
| £500.01–£1,000 | £70 |
| £1,000.01–£1,500 | £80 |
| £1,500.01–£3,000 | £115 |
| £3,000.01–£5,000 | £205 |
| £5,000.01–£10,000 | £455 |
You only pay the hearing fee (below) if the case proceeds to an in‑court hearing rather than being resolved on paper or settled before trial.
Hearing Fees
If your claim goes to a hearing, the court will set a hearing fee that must be paid by a deadline:
| Claim Value | Hearing Fee |
|---|---|
| Up to £300 | £27 |
| £300.01–£500 | £59 |
| £500.01–£1,000 | £85 |
| £1,000.01–£1,500 | £123 |
| £1,500.01–£3,000 | £181 |
| Over £3,000 | £346 |
These fees are payable only if the court directs a hearing.
Help with Fees: If you cannot afford court fees due to low income or certain benefits, you can apply for a reduction or waiver (fee remission) from the court.
3. Recoverable Costs: What You Can Get Back If You Win
If you succeed in your claim, the court will normally order the losing party to pay certain costs. However, full legal costs (such as solicitor or barrister fees) cannot typically be recovered in small claims. The recoverable costs include:
Court Fees
- Issue fee you paid to start the claim.
- Hearing fee if one was paid.
The court will usually order these to be paid by the losing party.
Limited Fixed Costs and Expenses
Under the CPR and Practice Directions, the court may also award limited amounts for:
- Loss of earnings or loss of leave for attending a hearing (capped at about £95 per day).
- Reasonable travel and subsistence expenses for parties or witnesses.
- Expert witness fees, if the court gave permission for expert evidence (capped at around £750 per expert).
- Fixed amount for legal advice, in limited circumstances such as claims including injunctions or specific performance (caps around £260).
The precise caps and allowances are set in the Practice Direction and subject to court discretion.
Even with these possible allowances, robust expert or solicitor fees are generally not recoverable unless exceptionally ordered for unreasonable conduct.
4. Legal Representation and Costs
The small claims procedure is deliberately structured to be accessible without a lawyer, and most claimants and defendants represent themselves (“litigants in person”). Because full legal costs cannot usually be recovered:
- Hiring a solicitor or barrister is often cost‑inefficient unless the case or personal circumstances justify it.
- Some claimants use fixed‑fee document preparation services to reduce cost risk.
5. Cost Risks if You Lose
If your claim fails:
- You are not generally ordered to pay the other party's full legal costs.
- You will lose the court fees you paid and remain responsible for your own time and expenses.
- In exceptional cases where the court considers conduct unreasonable (failing to comply with court directions, vexatious claims, etc.), it may award costs against you within the limits of CPR Part 27.
6. Practical Examples
Example A: Unpaid Consumer Debt
A consumer claims £1,200 for a disputed charge:
- Issue fee: £80.
- Hearing fee (if required): £123.
If successful, the defendant will usually be ordered to reimburse these fees. Additional modest travel or loss‑of‑earnings expenses may be included. Legal fees incurred for representation are not normally recoverable.
Example B: Faulty Goods Claim
A consumer claims £400 for faulty goods:
- Issue fee: £50.
- Hearing fee (if necessary): £59.
If the claimant wins, these court fees are recoverable. Costs for legal support are unlikely to be awarded.
These examples illustrate the limited and predictable nature of cost recovery in small claims.
7. Summary
- Small claims in England and Wales are generally for disputes under £10,000 and use a simplified cost regime.
- Court fees (issue and hearing) must be paid to pursue a claim and are recoverable if you succeed.
- The court may award limited fixed amounts for travel, loss of earnings, expert fees, or legal advice in narrow circumstances, but full legal costs are not normally recoverable.
- If you lose, you normally bear your own costs and lose any fees you paid, unless the court finds unreasonable conduct.
Understanding the cost rules helps you assess whether pursuing a small claim is proportionate to the financial issues in dispute.
