The small claims hearing

If a defended small claim does not settle, it ends with a short, informal hearing, usually in the judge’s room. This guide covers the timetable, what to file and bring, how the hearing runs, what happens if someone does not turn up, and appeals.

Checked against official sources on 30 September 2026. Court fees from 13 July 2026; enforcement agent fees from 1 May 2026.

Key facts

The court must give at least 21 days’ notice of the final hearing; each party must file and serve copies of all documents they rely on at least 14 days before it and bring the originals (CPR 27.4; PD 27A Appendix B).
Hearings are informal, the strict rules of evidence do not apply, evidence need not be on oath and the judge may limit cross-examination (CPR 27.8); the hearing is usually in the judge’s room.
The hearing fee (£27 to £346) is payable 28 days before the hearing where 36 or more days’ notice was given; it is not refunded once paid.
A party who does not attend and gives no notice risks their claim or defence being struck out (CPR 27.9); an application to set the judgment aside must be made within 14 days (CPR 27.11).
You get a decision with reasons on the day; an appeal needs permission and the notice (form N164) must be filed within 21 days of the decision.

Before the hearing: notice, documents and the fee

Once a defended claim has been through mediation without settling, it is allocated to the small claims track and the court gives standard directions and fixes a hearing. Where the defendant is an individual and the claim is for a specified sum, the hearing takes place at the defendant’s home court, the hearing centre serving the address where they live or carry on business. The court must give at least 21 days’ notice of the hearing date unless the parties agree to accept less (CPR 27.4(2)).

The standard directions in PD 27A Appendix B require each party to deliver to every other party and to the court office copies of all documents they intend to rely on no later than 14 days before the hearing, including the letter making the claim and the reply. The originals must be brought to the hearing. Witness statements are exchanged only if the court directs it (PD 27A para 2.5). No party may rely on an expert’s report without the court’s express permission given beforehand (CPR 27.5), and recoverable expert fees are capped at £750.

The hearing fee is £27 for claims up to £300, £59 up to £500, £85 up to £1,000, £123 up to £1,500, £181 up to £3,000 and £346 above £3,000. The claimant pays it at least 28 days before the hearing where the court gave 36 or more days’ notice, or within 7 days of the notice where less was given. Gov.uk states the fee is non-refundable, but it need not be paid if the parties settle before it falls due. See court fees and Help with Fees.

Filing late is the commonest mistake. A document not sent to the other side and the court 14 days before the hearing may be excluded, and a claimant whose bank statements or invoices are missing may be unable to prove the debt. The deadline calculator counts the 14 and 28 days back from the hearing date.

How the hearing runs

CPR 27.8 sets the tone: the court may adopt any method of proceeding that it considers fair; hearings are informal; the strict rules of evidence do not apply; the court need not take evidence on oath; the court may limit cross-examination; and the court must give reasons for its decision. A hearing at court is generally in the judge’s room rather than a courtroom (PD 27A para 4.2), with the parties sitting at a table with the district judge. The judge may ask the witnesses questions first, may refuse cross-examination until all the evidence has been given, and may limit cross-examination by time or subject (para 4.3). Hearings are recorded.

You may present your own case, use a lawyer, or bring a lay representative, such as a friend, to speak for you (PD 27A para 3.2). A company may be represented by an officer or employee. The judge normally gives the decision and brief reasons orally at the end of the hearing, and the court sends a copy by post.

If a party did not attend the free mediation appointment, the court must consider at the hearing whether a sanction is appropriate (CPR 27.8(7) as modified by PD 51ZE) and that party is expected to explain the failure. See mediation.

Presenting a debt claim

Most money claims turn on a short story the judge must be able to follow from the papers. Claimants often structure it as:

The agreement: who agreed what, when and how (a written contract, an invoice, a quote accepted by message, or a loan and its terms).
Performance: what you delivered or paid, with the evidence (delivery notes, photographs, bank transfer).
The demand: the letter before claim and any reply or silence.
The non-payment: a bank statement or account showing what was and was not paid.
The calculation: the principal, the interest claimed and how it was worked out, and the court fees paid.

A one-page dated chronology cross-referenced to your bundle is the single most useful document. PD 27A Appendix A lists what the court usually needs in contract claims for goods sold, building work and similar: any written contract, photographs, plans, a list of the works complained of, and any relevant estimate, invoice or receipt. For WhatsApp or social media messages see evidence from messaging apps.

Bring on the day: the originals of every document you filed, a spare copy of your bundle, your chronology, your interest calculation (the calculator produces one), proof of your court fees and travel costs, and a note of each point in the defence with your answer.

Deciding the claim without a hearing

If all parties agree, the court may deal with the claim on the papers without a hearing (CPR 27.10); the directions questionnaire asks whether you consider the claim suitable for that. The judge sends each party a note of reasons, and there is no right to apply to set aside a decision made this way (CPR 27.11(5)). It can suit a claim that turns entirely on documents, but you lose the chance to answer points the judge finds troubling.

If someone does not attend

CPR 27.9 deals with non-attendance. A party who gives written notice at least 7 days before the hearing that they will not attend, has served their documents and asks the court to decide the claim in their absence, has their case taken into account. Otherwise:

if the claimant does not attend and has given no notice, the court may strike out the claim;
if the defendant does not attend and has given no notice, the court may decide the claim on the basis of the claimant’s evidence alone;
if neither attends, the court may strike out the claim and any defence.

A party who was absent without notice may apply to set the judgment aside and have the claim re-heard, but the application must be made not more than 14 days after notice of the judgment was served, and it will be granted only if the applicant had a good reason for not attending and has a reasonable prospect of success at the hearing (CPR 27.11). This is a different route from setting aside a default judgment under CPR 13.

Costs you can ask for

Small claims costs are limited by CPR 27.14. A successful claimant can ask the judge to order the defendant to pay the court fees (issue, hearing and any application fees), reasonable travel and overnight expenses, loss of earnings or leave up to £95 per day for each party or witness, and expert fees up to £750. Legal costs are not recoverable unless the other party has behaved unreasonably. Bring the receipts and a note of the figures; costs are dealt with in the same hearing. See costs in small claims.

After the hearing: the judgment and appeals

A judgment after a contested hearing is not automatically entered on the Register of Judgments, Orders and Fines: it is registered only if an instalment order is made or applied for, or the creditor takes an enforcement step. If the defendant does not pay, the judgment is enforced like any other; see enforcing a judgment.

Appeals need permission, which may be sought from the judge at the hearing or from the appeal court in the appeal notice. Permission is given only where the appeal would have a real prospect of success or there is some other compelling reason (CPR 52.6). The appellant’s notice in a small claim is form N164 and must be filed within 21 days of the decision unless the judge directs otherwise (CPR 52.12; PD 27A para 8A). Gov.uk frames an appeal as being for cases where you think the judge made a mistake during the hearing, not a second attempt at the facts. The median wait from issue to a small claims trial was 41.0 weeks in April to June 2026, so the hearing is usually the end of a long road; ask ClaimsBot to talk through your preparation.

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Quick answers

How much notice of a small claims hearing will I get?

At least 21 days, unless the parties agree to accept less (CPR 27.4(2)). Documents must be filed and served at least 14 days before the hearing and the hearing fee is normally due 28 days before it.

Is a small claims hearing in a courtroom?

Usually not. A hearing at court is generally in the judge’s room, although it may take place in a courtroom. It is informal: the strict rules of evidence do not apply and evidence need not be given on oath.

Do I need a solicitor for a small claims hearing?

No. You may present your own case, and a lay representative such as a friend may speak for you. Legal costs are generally not recoverable in small claims, so most parties represent themselves.

What happens if the defendant does not turn up?

If the defendant neither attends nor gives written notice at least 7 days beforehand, the court may decide the claim on the basis of your evidence alone (CPR 27.9(3)). The defendant can apply within 14 days to set the judgment aside, but only with a good reason for not attending and a reasonable prospect of success.

Can I use an expert’s report?

Only with the court’s express permission given beforehand (CPR 27.5). Recoverable expert fees are capped at £750 per expert.

When will I get the decision?

Normally at the end of the hearing, with brief oral reasons. The court also sends a copy of the decision by post.

How do I appeal a small claims decision?

You need permission to appeal, which may be sought from the judge at the hearing or from the appeal court in the appeal notice. File form N164 within 21 days of the decision. Permission is granted only if the appeal has a real prospect of success or there is some other compelling reason.

Will the judgment appear on the CCJ register?

A judgment after a contested hearing is registered only if an order for payment by instalments is made or applied for, or the creditor takes a step to enforce it. A default judgment, by contrast, is registered as soon as it is entered.