Small Claims Court Hearing: What to Expect in England and Wales
It's Not What You See on Television
A small claims hearing in England and Wales is informal by design. There are no wigs, no barristers cross-examining witnesses, and no jury. You sit across a table from the other side in a private room — often the District Judge's chambers, not a courtroom — and the judge controls the conversation.
The hearing typically lasts 30 minutes to an hour. CPR Part 27 gives the judge broad discretion over how it runs: they can ask questions directly, limit evidence to what's relevant, and adopt whatever procedure seems fair. The strict rules of evidence that apply on higher tracks don't apply here.
Before the Hearing: Your Evidence Bundle
The court sends a Notice of Allocation confirming the hearing date and any directions — usually an order to send copies of all documents you intend to rely on to the court and the other side at least 14 days before the hearing.
Assemble your evidence bundle in a logical order:
- The claim form and any defence/counterclaim — so the judge can see what's in dispute
- Contracts, invoices, or agreements — the documents that prove the obligation existed
- Correspondence — pre-action letters, emails showing the dispute, the defendant's response (or lack of one)
- Photographs or inspection reports — if the dispute involves defective goods, property damage, or unfinished work
- Witness statements — your own account of the facts, plus any supporting witnesses
Number every page consecutively (1, 2, 3…) in the top right corner. Add a one-page index listing each document with its page numbers. The judge flips through this during the hearing, so clear organisation matters.
Writing Your Witness Statement
Your witness statement is your chance to tell the story in full. Write it in the first person ("I hired the defendant on 3 March 2026 to…"), set out the facts in chronological order, and refer to specific documents in the bundle by page number ("see page 12, the invoice dated 15 April 2026").
Stick to facts you personally witnessed or experienced. If a friend saw the defective work, they write their own statement. Each party's evidence must be set out in a written witness statement signed with a Statement of Truth. Witnesses may also give oral evidence at the hearing, and the judge can ask them questions directly.
Keep it concise. For a straightforward invoice or deposit claim, two to three pages of A4 is plenty.
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On the Day
Arrive 15 minutes early. Bring three copies of your evidence bundle — one for you, one for the judge (if the court copy hasn't arrived), and one spare. Dress normally; there's no formal dress code.
The judge usually:
- Confirms both parties are present and identifies the claim
- Asks the claimant to summarise their case briefly
- Asks the defendant to respond
- Asks questions to both sides — often very directly
- Looks at the key documents
- Gives a decision, usually on the spot
You won't be cross-examined in the adversarial sense, but the judge may challenge something you've said or ask for clarification. Answer directly and don't argue with the judge.
The Decision
The judge either gives judgment in your favour (with the amount and whether costs are awarded), gives judgment for the defendant, or — less commonly — makes a split decision. On the small claims track, recoverable costs are limited under CPR 27.14. They include the court fees, fixed commencement costs under CPR Part 45, reasonable travel and overnight expenses for attending a hearing, a party's or witness's loss of earnings or leave (up to £95 per person per day), and expert fees the court permitted (up to £750 per expert).
If you win but the defendant doesn't pay voluntarily, you'll need to take enforcement action — a separate process with its own forms and fees.
The Making a County Court Money Claim guide includes a hearing preparation checklist and an evidence bundle index template so everything is organised before you walk in.
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