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.
Worried about costs in Small Claims Court? Learn which fees are recoverable, how to manage your expenses, and the best way to handle legal costs without breaking the bank.
Legal costs can be a major consideration when deciding whether to pursue a small claim in the civil courts of England and Wales. This article explains how legal costs work in the Small Claims Track, what costs you are likely to pay, which costs you can recover from the opposing party, and how the process works in practice. The aim is to make the law and practical steps clear to individuals with no legal training, as well as to students and professionals seeking a detailed reference.
A small claim is a civil dispute where the value of the claim is generally £10,000 or less (with lower limits for some personal injury or housing disrepair claims). These cases are dealt with under Part 27 of the Civil Procedure Rules (CPR) and are designed to be simpler and cheaper than higher‑value claims.
What Costs Are in Small Claims Court?
“Legal costs” in small claims include:
- Court fees: Charges payable to the court for issuing the claim and for any hearing.
- Legal advice costs: Limited fixed amounts that the court may order a losing party to pay in certain circumstances.
- Travel and loss of earnings: Where witnesses or parties attend hearings.
- Expert fees: If the court permits expert evidence to be used.
Legal costs do not normally include full solicitor or barrister fees. The Small Claims Track deliberately limits cost recovery to encourage people to represent themselves and keep the process economical.
Court Fees - What You Pay to Start and Proceed
Before considering legal costs, you must pay court fees when you issue a claim and potentially when the case proceeds to a hearing. The fee structure depends on the value of your claim.
Typical court fees (money claims):
- Claim up to £300: around £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
If your matter goes to a hearing, the court will also charge a hearing fee that is payable by the claimant by a deadline set by the court. Hearing fees vary by claim value, from about £27 to £346 for different bands of claim value.
You can apply for help with fees (previously called fee remission) if you are on low income or receive certain qualifying benefits. The court will consider your financial circumstances and may reduce or waive fees.
Recovering Costs in Small Claims
What You Can Recover
If you win your small claim, the court will usually order that the defendant pays back your court fees. In most cases, this means:
In addition, the court may award limited fixed costs, such as:
- A small amount for legal advice and assistance in preparing your claim - usually a fixed figure not exceeding £260 if authorised by the court. This only applies in limited cases or where specific types of orders are sought.
- Loss of earnings for the claimant or witnesses attending the hearing (up to about £95 per day per person) and reasonable travel or subsistence costs.
- Expert witness fees if the court has granted permission to use expert evidence (up to about £750 per expert).
The Small Claims Track is deliberately designed so that the normal rule is that each party bears their own legal costs, other than the limited amounts above. This means that you generally cannot recover the full cost of hiring a solicitor or barrister from the losing party, even if you win.
When Full Costs Might Be Awarded
In rare circumstances, the court may order a party to pay a greater share of the other party's legal costs.
Examples of when this can happen:
- A party behaves unreasonably during the case (for example, refusing to comply with court directions or making unnecessary applications).
- A claimant brings a fraudulent or clearly unmeritorious claim.
- Other conduct amounts to an abuse of the court process.
Even then, the amounts are usually modest and awarded at the court's discretion.
Representation Costs
Because of the limitations on cost recovery:
- Many claimants and defendants choose to represent themselves (“litigants in person”) to avoid incurring costs they cannot recover.
- If you do instruct a solicitor to prepare papers or attend hearings, you are unlikely to recover their full fees, even if you win, unless special circumstances apply.
- Some businesses and individuals use fixed‑fee document‑preparation services, where permitted, to keep costs predictable.
Practical Examples
Example 1: Unpaid Debt
A claimant pursues an unpaid debt of £1,200.
- Issue fee: £80
- Hearing fee (if necessary): £123
- If the claimant wins, the court will typically order the defendant to pay both fees.
If the claimant hires a solicitor to prepare paperwork at a cost of £400, those fees are not usually recoverable from the defendant under the Small Claims Track rules.
Example 2: Small Contract Dispute
A claimant seeking £400 in unpaid services incurs:
- Issue fee: £50
- Hearing fee: £59
- Witness travel costs: £30
If successful, a judge is likely to order the defendant to pay back court fees and possibly nominal costs for loss of earnings and travel, but not significant legal fees.
Costs Risks if You Lose
If you lose your small claim, you will normally:
- Not be ordered to pay the other party's legal costs (other than in exceptional cases of unreasonable behaviour).
- Still be responsible for your own time and expenses incurred in pursuing the claim.
- Be liable for any court fees you have to pay as part of the process.
The limited costs regime reduces the risk of “costs orders” that can be crippling in higher‑value litigation.
Time Limits and Legal Costs
The time limit for bringing most small claims for breach of contract or statutory rights is six years from the date of the breach. Certain personal injury or housing disrepair claims have shorter limits. Legal costs for issuing a claim are based on the claim value at the time of issue; interest and costs are calculated accordingly. You can include interest in your claim under Section 69 of the County Courts Act 1984, which can affect the final amount awarded.
Tips for Managing Costs
- Assess the claim value carefully: If your claim is worth significantly more than £10,000, consider whether another track is more appropriate, as Small Claims Track cost rules may not apply.
- Use online tools: Money Claims Online (MCOL) often reduces paperwork and can be less costly than postal filing.
- Claim permitted costs: Ensure you include recoverable costs (court fees, loss of earnings) in your claim.
- Consider settlement: Most small claims settle before a hearing, reducing costs for both parties.
Final Thoughts
The Small Claims Track in England and Wales is designed to provide an affordable route to resolving low‑value civil disputes. Legal costs are limited, and the general rule is that most legal fees cannot be recovered from the losing party. Court fees and small fixed costs for preparation, loss of earnings, and expert evidence may be recoverable. Understanding how costs work, the risks involved, and your options for representation will help you make informed decisions about pursuing or defending a small claim.
