Small claims court hearing process

A small claims court hearing is the final stage of a small claims track case in the county court. It is designed to be informal and accessible, so that people can represent themselves without a solicitor. Here is what to expect.

Before the hearing:

You should receive a notice of hearing from the court, usually giving at least 14 days' notice. The notice will tell you the date, time, and location, or whether it will be heard remotely by telephone or video. Since the pandemic, many small claims hearings are conducted by video using the Cloud Video Platform or by telephone, though some are still in person. You should check your notice carefully.

You will usually have exchanged documents and witness statements with the other side in advance, following the directions given by the court earlier in the case. Bring copies of everything with you, including any documents you have sent to the court and the other party.

Arrival and setting up:

If the hearing is in person, you will usually be directed to a waiting area. A court usher may check you in. The hearing normally takes place in a private room rather than a formal courtroom. If it is by video or telephone, you will receive joining instructions.

The hearing itself:

The hearing is conducted by a district judge. The key features are as follows.

1. The judge will introduce themselves and explain how the hearing will run. They will usually put both sides at ease and explain that formal rules of evidence do not strictly apply.

2. The claimant usually goes first, briefly explaining their case and what they are claiming. The judge may ask questions.

3. The defendant then has the opportunity to respond and put forward their defence.

4. The judge may ask questions of both parties throughout. If there are witnesses, they may be asked questions, though formal cross-examination in the traditional sense is not usually expected on the small claims track.

5. Both sides may be given a chance to make brief closing remarks.

6. The judge will then give a decision. This is often given on the day, either at the end of the hearing or after a short break. Sometimes the judge reserves judgment and sends a written decision later.

The whole hearing typically lasts between 30 minutes and an hour for straightforward cases, though more complex small claims can take longer.

Formality:

The process is deliberately informal. You do not need to wear formal court dress or stand when speaking. You should address the judge as "Sir" or "Madam" or "Judge". You are not expected to know legal procedure in detail. The judge will guide the process.

Costs:

One of the important features of the small claims track is that the general rule is that the losing party does not have to pay the winning party's legal costs. The only costs that can be recovered are fixed court fees, limited witness expenses, and up to 260 pounds for expert fees if an expert was allowed. This means there is limited financial risk in running the case even if you lose, beyond your own time and any fees you have already paid.

The decision:

If you win, the judge will usually make an order for the other side to pay. If you lose, the judge will dismiss the claim or find for the defendant. Either way, you will receive a written order from the court.

After the hearing:

If the losing party does not pay voluntarily, the winning party may need to take enforcement action, such as applying for a warrant of control or an attachment of earnings order.

Appeals from small claims decisions are possible but limited. You would need to show that the judge made a serious error of law or a serious procedural irregularity. You need permission to appeal, and the time limit is 21 days from the date of the decision.

Practical tips:

1. Organise your documents in order and have a clear, concise summary of your case.
2. Be polite and calm, even if the other side is difficult.
3. Answer the judge's questions directly.
4. Do not interrupt the other party.
5. If something is important, make sure you mention it, as the judge can only decide on what is put before them.

If you want, I can go into more detail on any particular stage, or help you prepare for a specific hearing.