Litigant in Person: Filing a County Court Claim Without a Solicitor

Most people who file a small claim in the County Court do it without a solicitor. The small claims track was designed for exactly this — CPR Part 27 strips out most of the formal rules that make higher-value litigation expensive, and the cost recovery rules mean you generally cannot recover legal fees even if you do hire someone.

Why the small claims track works for litigants in person

Under CPR 27.14, the losing side on the small claims track does not normally pay the winner's solicitor fees. Recoverable costs can include court fees, reasonable travel and other attendance expenses, loss of earnings up to £95 per person per day, and expert fees up to £750 if the court gave permission for expert evidence. Solicitor fees for advice or representation are generally paid out of pocket, subject to the rules' exceptions.

The hearing itself is informal. The district judge controls the process, asks questions and decides what evidence to look at. There is no cross-examination in the courtroom-drama sense. You are allowed to bring a friend or family member for support (a "McKenzie friend"), though they cannot speak on your behalf without the judge's permission.

What you need to do yourself

Filing and running a small claim without a solicitor means handling every step of the procedure:

Pre-action letter

You should normally send a letter before claim giving the defendant a chance to settle. The Practice Direction on Pre-Action Conduct calls for a reasonable response period — usually at least 14 days for a straightforward claim. The Debt Claims Protocol gives an individual debtor 30 days to respond when a business is pursuing a debt. The letter should set out what you are owed, why, and what you will do if they do not pay.

Choosing the right filing route

The Online Civil Money Claims (OCMC) service accepts eligible specified-money claims, including claims above £10,000; legal representatives use MyHMCTS. If you do not know the amount, have multiple claimants, have three or more defendants, or your claim is otherwise outside the online service's rules, use paper form N1 at the Civil National Business Centre in Northampton.

Naming the defendant correctly

This is where litigants in person most often go wrong. If you are suing a limited company, you must use the exact registered name from Companies House — not a trading name. A sole trader must be named as "Jane Doe trading as Doe Plumbing." An error in the defendant's name can make your judgment unenforceable.

Preparing your evidence

For the hearing, you need an organised bundle of documents — contracts, invoices, photographs, messages, receipts — indexed and paginated. The district judge expects both sides to have exchanged copies of their evidence in advance. CPR Part 27 does not automatically require a formal witness statement in every small claim, but the court may direct you to file one; a clear written summary can help.

Speaking at the hearing

You do not need legal training. The judge will ask you to explain your claim in your own words, then ask the defendant to respond. Be factual, be brief and refer the judge to specific pages in your evidence bundle. Avoid emotional arguments — the judge is applying the law to the facts, not deciding who seems more sympathetic.

Where to get free help

• Citizens Advice — free procedural guidance and template letters, though advisers cannot draft your claim or represent you
• Support Through Court — volunteers at court buildings who can help you find the right room, explain what will happen and sit with you during the hearing (they cannot give legal advice)
• LawWorks and Advocate — pro bono legal help for people who cannot afford a solicitor, though small claims cases under £10,000 rarely qualify due to high demand

When a solicitor might be worth it

If your claim is close to the £10,000 small claims limit and involves complex legal issues — a disputed contract term, a technical defect or a question of professional negligence — a one-off consultation (typically £150–£300 for an hour) can help you assess whether your claim is strong enough to file. You will not recover that cost from the defendant, but it may save you from filing a claim that was never going to succeed.

The County Court Money Claim Guide is built for litigants in person — every step from the demand letter through the hearing, with the forms, fee tables and deadlines in one place.

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