Small claims track

by Practical Law Dispute Resolution

A practice note providing a practical guide to litigating on the small claims track. This practice note outlines which claims are typically allocated to this track under the Civil Procedure Rules (CPR), including the financial thresholds for general disputes, personal injury, and certain residential tenancy claims. It examines key procedural stages, from drafting and issuing the claim to the directions questionnaire, disclosure, and evidence. The guidance covers settlement options, including the automatic referral to the Small Claims Mediation Service for certain claims. It also details the informal nature of the final hearing and the rules on discontinuance. A key focus of this practice note is the limited costs recovery under CPR 27, explaining the scope of fixed costs, the potential for further costs awards for unreasonable behaviour, and the effect of contractual costs provisions. Finally, this practice note addresses the process for appeals and enforcement and notes the impact of Brexit on the European Small Claims Procedure (ESCP).