Small Claims Track Allocation — What Happens After You File a Defence

You filed your defence. The deadline pressure lifts — but then nothing seems to happen for weeks. The case has entered the allocation stage, and understanding what is going on behind the scenes makes the difference between being caught off guard and being prepared.

What is track allocation?

Once a defence is filed, the court does not go straight to a hearing. First, it decides which procedural track the case belongs on. The track determines how the case is managed, how long the hearing will be, and — crucially — whether you can recover your legal costs if you win.

There are four tracks in England and Wales:

Small claims track — claims usually valued at £10,000 or less. This is where most money claims between individuals end up. Hearings are informal, usually in a district judge's room. A claim below £10,000 does not automatically go on this track; the court decides allocation after considering the case. CPR 27.14 limits recoverable costs: parties generally cannot recover solicitor fees, but may recover fixed commencement costs, court fees, reasonable witness travel, loss of earnings up to £95 per party or witness per day, and permitted expert fees up to £750 per expert. The court may also award costs for unreasonable conduct.

Fast track — £10,001 to £25,000. More formal proceedings, fixed recoverable costs, trial lasting no more than one day.

Intermediate track — £25,001 to £100,000. Fixed costs, trial up to three days, limited expert evidence.

Multi-track — over £100,000. Full case management, costs budgeting, flexible trial arrangements.

The financial value that helps determine the track is not always the total amount on the claim form. Under CPR 26.13(2), the court disregards interest, costs, and any amount that is not in dispute when assessing financial value. So if the claimant is suing for £12,000 but you admit owing £4,000, the disputed amount is £8,000; the court still decides which track is appropriate.

The Directions Questionnaire (Form N180)

For a paper or MCOL claim, the court generally sends both parties a Directions Questionnaire after the defence. For small claims, this is Form N180. For fast and intermediate track cases, it is Form N181. In OCMC, follow the online instructions; some directions questions are completed as part of the online response.

The N180 asks you:

• Do you agree to mediation? Under Practice Direction 51ZE, defended small claims under £10,000 are automatically referred to HMCTS telephone mediation. Refusing to attend without good cause risks costs sanctions.
• Which court should hear the case? If you are an individual (not a company), the case is automatically transferred to your local court. The N180 confirms your preferred hearing centre.
• How many witnesses will you call? Name them and explain briefly what they will say.
• Do you need expert evidence? On the small claims track, expert evidence is restricted. The court may allow a single joint expert or grant permission for limited written expert reports. Live expert testimony is rarely permitted.
• Trial availability. You provide dates when you cannot attend in the next few months.

For paper or MCOL claims, return the N180 by the deadline stamped on it. Failing to do so can result in your defence being struck out, after which the claimant may seek judgment. For OCMC, follow the deadline and instructions shown in the online case.

What happens after allocation

For paper or MCOL claims, once both questionnaires are returned, a district judge reviews them and allocates the case to a track. For small claims, you receive a Notice of Allocation confirming the track, the hearing date, the hearing centre, and any directions (e.g., deadlines for exchanging documents or witness statements). OCMC cases follow the online case and court directions.

For paper or MCOL cases automatically referred to mediation under PD 51ZE, the mediation session is scheduled before the hearing. HMCTS contacts both parties to arrange a telephone mediation that can last up to one hour. If the mediation succeeds, the case settles and no hearing takes place. If it does not, the case proceeds to the listed hearing date. OCMC cases follow the timetable in the online case.

The gap between filing your defence and the hearing date varies. In busy courts, small claims hearings are listed four to eight months after allocation. During this period, prepare your evidence bundle, gather any documents, and line up witnesses.

The small claims track costs rule — why it matters for defendants

The limits on recoverable costs on the small claims track are important for an unrepresented defendant. They mean:

• If you lose, the claimant generally cannot recover ordinary solicitor's fees, but may recover the costs allowed by CPR 27.14: fixed commencement costs, court fees, reasonable witness travel, loss of earnings up to £95 per day for an attending party or witness, and permitted expert fees up to £750 per expert
• If you win, you generally cannot recover ordinary legal costs, subject to the costs permitted by CPR 27.14 and the court's power to award costs for unreasonable conduct
• The exception: unreasonable conduct. If the court finds that a party behaved unreasonably, it can order that party to pay costs even on the small claims track

This cost protection is what makes defending a small claim a realistic proposition for someone without a solicitor. The amount a losing defendant may owe can also include the categories of recoverable costs listed above; the track does not cap liability at the claim amount plus the original court fee.

The county court money claim response guide walks through track allocation, the N180 form, and hearing preparation with a step-by-step framework built for defendants handling their first county court case.

See more England and Wales guides →