Legal representation in county or small claims court

No, you do not need a solicitor to represent you in the county court or in small claims track cases. You have the right to represent yourself in person, and many people do so successfully. The courts refer to people who represent themselves as "litigants in person".

Here is how the different tracks work in practice and what you should consider.

Small claims track:

This covers most claims up to a value of ten thousand pounds (or one thousand pounds for personal injury and certain housing disrepair claims). The small claims track is specifically designed to be accessible to people without legal representation. The hearings are generally informal, the judge will often ask questions directly and guide the process, and the strict rules of evidence are relaxed. Importantly, even if you lose, the other side cannot normally recover their solicitor's costs from you (other than fixed court fees, witness expenses, and limited expert fees). This costs protection is one of the main features that makes the small claims track suitable for self-representation.

Fast track and multi-track:

For claims above the small claims limit, cases are allocated to the fast track (usually up to twenty-five thousand pounds) or the multi-track (above that level). You still have the right to represent yourself on these tracks, but the procedure is more formal, the rules of evidence apply more strictly, and costs follow the event. That means if you lose, you could be ordered to pay the other side's legal costs, which can be substantial. The risk and complexity increase significantly, and self-representation becomes a bigger decision.

Practical considerations:

1. The court will make reasonable allowances for litigants in person, but you are still expected to follow the Civil Procedure Rules and court directions. The judge can help with procedure to some extent but cannot act as your lawyer or advise you on strategy.

2. You can get someone who is not a solicitor to help you. A McKenzie Friend can sit with you in court, take notes, help organise documents, and quietly advise you, though they do not have a right to speak on your behalf unless the judge grants permission. Some McKenzie Friends charge a fee, but they are unregulated so check their experience and reputation carefully.

3. For small claims, preparation is often more important than legal knowledge. Having your documents in order, a clear chronology, a concise written summary of your case, and copies of all relevant evidence will take you a long way.

4. Free or low-cost legal help is available from Citizens Advice, some law centres, and the Personal Support Unit (now called Support Through Court) which operates in many county courts and can help you with practical aspects of your case.

5. If your case involves a complex legal point, a significant sum of money, or a powerful opponent with legal representation, it may be worth at least getting an initial consultation or paying for limited advice on specific issues, even if you then conduct the case yourself.

So in summary, for the small claims track, most people manage perfectly well without a solicitor. For higher value or more complex cases, the decision depends on the amount at stake, the complexity of the issues, the risk of an adverse costs order, and your own confidence in navigating the process.