Small Claims Court: How much does it cost?

Someone owes you money, and you’re ready to take action through the small claims court. But one question stops most people cold: what will this actually cost me? What if you lose? Will small claims court fees bankrupt you before you even get started? The good news: small claims court costs follow a clear structure with predictable amounts. Yet knowing who pays small claims court fees and when can mean the difference between recovering your money or walking away empty-handed. This guide delivers straight answers with real figures, covering everything from issue fees to hearing charges and what happens to your money in every scenario. For complex issues, seek advice from a solicitor specialising in small claims.

Discover what you’ll pay in small claims court fees, who foots the bill when you win or lose, and how to slash your costs legally.

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Small claims court costs if you win or lose: Who pays?

Who pays small claims court fees depends entirely on the judgment, but the answer often surprises claimants expecting full cost recovery:

• If you win: The losing party typically pays your issue fee and hearing fee back to you, but not your other expenses like solicitor fees or time off work.
• Small claims court costs if you lose: You’ll pay the defendant’s court fees plus your own, and potentially their witness expenses and expert fees up to £750.
• Limited cost recovery: Unlike higher court tracks, the small claims track restricts what winners can claim back; designed to keep disputes accessible without legal representation.
• Judgment enforcement: Winning doesn’t guarantee payment; you may need to pay additional fees to enforce the judgment if the defendant refuses to pay.
• Partial wins: If you win less than claimed, the judge may reduce the defendant’s cost liability proportionately or split fees between both parties.

Small claims track costs table: Fee structure and calculations

The small claims track costs table sets out exact fees based on your claim amount, eliminating guesswork from the process:

 Calculation example:

A £2,500 claim costs £115 to issue. If it reaches a hearing, add another £345, totalling £460 in small claims court fees.

Small claims fixed costs: What you’ll pay and what you can recover

Small claims fixed costs cover only basic court fees, but additional expenses can accumulate quickly throughout your case.

What you’ll pay (non-recoverable):

• Solicitor fees: Not recoverable even if you win. Legal representation costs come entirely from your pocket, typically £150-£300 per hour for straightforward cases.
• Document preparation: Costs for photocopying, printing evidence bundles, and certified translations aren’t recoverable in most cases.
• Travel and accommodation: Your own costs attending the hearing remain your responsibility regardless of outcome.
• Pre-action costs: Letters before action, mediation attempts, and preparatory work aren’t claimable even though they’re often mandatory steps.

What you can recover (if you win):

• Witness expenses: Reasonable travel costs and loss of earnings for witnesses (up to £95 per day) can be claimed back from the losing party.
• Expert fees: Capped at £750 per expert if the court grants permission. You pay upfront and may recover this amount from the defendant.
• Interest on judgment: Claim statutory interest at 8% annually on the debt from the date owed until payment, adding to the defendant’s total liability.
• Enforcement fees: Bailiff fees (from £75) or charging orders (£110) add to your expenditure if the defendant won’t pay voluntarily, but these can be added to the judgment debt.

Fee exemptions and financial help: Reducing your court costs

Financial assistance exists to prevent small claims court fees from blocking access to justice for those on low incomes:

• Help with Fees scheme: Formerly called fee remission, this government programme can reduce or eliminate your court fees entirely based on income and savings.
• Income thresholds: Qualify if you receive certain benefits (income support, jobseeker’s allowance, universal credit) or earn below £1,420 monthly for a single person.
• Savings limits: You’re ineligible if savings exceed £16,000 for those over 61, or £3,000 for younger applicants (excluding your main home).
• Partial remissions: Don’t meet full exemption criteria? You may still receive a percentage reduction on small claims court costs based on disposable income calculations.
• Application process: Complete form EX160 online or by post before paying fees. Processing takes 5-10 working days, and your claim pauses until decided.
• Evidence required: Provide bank statements, benefit letters, and wage slips covering the past three months to support your application.

How and when to pay small claims court fees

Payment timing for small claims court fees follows strict deadlines tied to specific stages of your case:

• Issue fee timing: Pay immediately when submitting your claim form, either online or by post. Your claim receives no case number until payment clears.
• Hearing fee timing: Due within 14 days of receiving a hearing notice from the court. Miss this deadline and your claim may be struck out automatically.
• Online payment: Fastest method via the Money Claims Online service, accepting debit/credit cards with instant confirmation and case progression.
• Telephone payment: Call the court directly with card details during business hours; processed within 24 hours typically.
• Postal payment: Send cheques payable to ‘HMCTS’ with your claim reference. Allow 5-7 working days for processing and clearance.
• No instalment plans: Court fees must be paid in full upfront. Partial payments aren’t accepted for small claim proceedings.

FAQs

• What happens if I can’t afford to pay the court fees upfront? Apply for the Help with Fees scheme (form EX160) before filing. If approved, fees are waived or reduced based on income.
• Do I pay court fees if the defendant settles before the hearing? You avoid the hearing fee, but your issue fee stays paid. Ensure the settlement agreement includes reimbursement of your issue fee.
• Can you claim costs in small claims court? Yes, but only limited costs. Winners can recover court fees, witness expenses (up to £95 daily), expert fees (up to £750), and interest, but not solicitor fees or personal expenses.

Small claims court fees follow a predictable structure, but recoverable costs remain limited even when you win. Calculate total expenses including unrecoverable items before filing. Understanding who pays small claims court fees and when payments are due prevents costly surprises throughout your case.

Expert guidance for your small claims case!

Qredible’s network of experienced civil litigation solicitors can assess your case strength, calculate realistic recovery prospects, and guide you through every stage.

KEY TAKEAWAYS:

• Small claims court fees range from £35 to £455 for issue fees and £27 to £345 for hearing fees, based on your claim amount.
• Winners recover court fees from losers, but small claims court costs like solicitor fees and personal expenses remain unrecoverable.
• The Help with Fees scheme offers full or partial fee exemptions for claimants on low incomes or receiving benefits.