What is the small claims track and what types of claim can use it?

The small claims track is a simplified, low-cost procedure in the County Court of England and Wales designed to resolve disputes without the parties needing professional legal representation. It is governed by CPR Part 27 and is normally used for claims with a value of £10,000 or less, with two important exceptions: personal injury claims are allocated to the small claims track only if the claim for personal injury does not exceed £1,000, and housing disrepair claims are only allocated to the small claims track if both the cost of repairs and any damages claimed do not exceed £1,000 each. The advantage of the small claims track is that the costs rules are significantly more protective: under CPR r.27.14, the amount of legal costs the losing party can be ordered to pay is strictly limited, meaning that even if you lose you are unlikely to face a large adverse costs order (unlike the fast track or multi-track). The small claims track is commonly used for consumer disputes over faulty goods or poor workmanship (relying on the Consumer Rights Act 2015), unpaid debts, damage to property, return of deposits, minor professional negligence, and many other everyday disputes. Claims over £10,000 but not more than £25,000 (or up to £100,000 for personal injury arising from road traffic accidents in certain circumstances) may be allocated to the fast track, which has a higher costs exposure but a similar case management approach.

What must Particulars of Claim include under CPR Part 16?

Under CPR r.16.4 and Practice Direction 16, Particulars of Claim must contain several mandatory elements. First, they must include a concise statement of the facts on which the claimant relies — this means the actual events that give rise to the claim, stated chronologically in numbered paragraphs, without legal argument or excessive detail. Second, if the claimant is seeking interest, the Particulars must state the legal basis for the interest claim (typically s.69 of the County Courts Act 1984 for consumer debts or the Late Payment of Commercial Debts (Interest) Act 1998 for business-to-business debts), the rate claimed, the period for which interest is claimed, and the amount accrued to the date of the Particulars. Third, the Particulars must set out the remedy the claimant is seeking — typically payment of a sum of money, interest, and court costs. For consumer claims, Practice Direction 16 paragraph 7.3 requires the Particulars to identify whether the claim is for goods or services and the relevant statutory basis under the Consumer Rights Act 2015 or Sale of Goods Act 1979 (for contracts before October 2015). The Particulars must also be verified by a statement of truth, signed by the claimant or their legal representative, as required by CPR Part 22. A false statement of truth can lead to proceedings for contempt of court.

How do I calculate and claim interest on a small claim?

There are two main statutory bases for claiming interest on a County Court claim. For most consumer and individual claims, s.69 of the County Courts Act 1984 allows the court to award interest at a rate not exceeding 8% per annum on the amount of the claim from the date the cause of action arose (usually the date payment was due) until judgment or sooner payment. You must specifically plead this in your Particulars of Claim — the court will not award interest unless it is claimed. To calculate the interest, use the formula: Principal × Rate ÷ 365 × Number of Days. For example, on £3,500 at 8% per annum for 180 days, the interest is £3,500 × 0.08 ÷ 365 × 180 = £138.08. You must then also plead that interest continues at the daily rate until judgment. For business-to-business (B2B) debts where the goods or services were supplied under a contract and payment is at least 30 days overdue, the Late Payment of Commercial Debts (Interest) Act 1998 provides a statutory right to interest at 8% above the Bank of England base rate, plus a fixed compensation sum of £40 for debts under £1,000, £70 for debts between £1,000 and £9,999, or £100 for debts of £10,000 or more. The 1998 Act interest is therefore significantly higher than s.69 interest in a low-base-rate environment.

What is the limitation period for bringing a small claim in England and Wales?

Limitation periods are set out in the Limitation Act 1980 and determine the deadline by which legal proceedings must be commenced. If you issue your claim after the limitation period has expired, the defendant can apply to have it struck out. For contract claims — the most common type of small claim — the limitation period under s.5 of the Limitation Act 1980 is six years from the date the breach of contract occurred. So if someone failed to pay you in January 2020, you have until January 2026 to issue your claim form. For tort claims (for example, negligence or damage to property not founded in contract), the limitation period under s.2 of the Limitation Act 1980 is also six years from the date the cause of action accrued. For personal injury claims, the limitation period is three years from the date of the accident or the date of knowledge under s.11 of the Limitation Act 1980. For consumer credit claims, different limitation periods may apply depending on the agreement. The limitation period does not stop running simply because you have written letters or made demands — proceedings must actually be issued at court before the deadline. It is important to note that certain provisions of the Consumer Rights Act 2015 may interact with limitation rules where goods or services were supplied under a regulated contract.

What happens after I file Particulars of Claim in a small claim?

Once the N1 Claim Form and Particulars of Claim are filed at the County Court (either in person, by post, or online via Money Claim Online for claims up to £10,000), the court will issue the claim and serve it on the defendant — or, if you have indicated you will serve it yourself, give you the sealed claim form and documents to do so. The defendant then has 14 days from service of the Particulars of Claim to file either a defence or an acknowledgment of service under CPR r.10.3 and r.15.4. If they file an acknowledgment of service, they have a further 14 days (28 days total from service) to file a defence. If no defence is filed in time, you may apply for a default judgment under CPR Part 12 — a significant advantage if the defendant fails to engage with the proceedings. If a defence is filed, the court will send out a directions questionnaire (DQ) to both parties asking about the nature of the dispute, whether mediation has been tried, and whether witnesses or experts are needed. The court will then allocate the claim to the small claims track if it qualifies and issue directions, which typically require the parties to exchange documents and witness statements a set number of days before the hearing. The typical hearing length for a small claim is 30 minutes to 2 hours. At the hearing, the judge will hear from both parties informally, consider the evidence, and give a judgment — either at the hearing or in writing afterwards.

What are my rights if I bought faulty goods or poor services under the Consumer Rights Act 2015?

The Consumer Rights Act 2015 (CRA 2015) applies to contracts between a trader and a consumer entered into on or after 1 October 2015, replacing the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 for consumer transactions. For goods, the CRA 2015 implies that goods must be of satisfactory quality (s.9), fit for any particular purpose made known to the trader (s.10), and as described (s.11). If goods do not meet these standards, you have a short-term right to reject the goods and receive a full refund within 30 days of receiving them under s.20(4). After 30 days, you are entitled to one repair or replacement attempt under s.23. If the repair or replacement fails, you can then claim a final right to reject, which may involve a price reduction or refund under s.24. For services, the CRA 2015 implies that the service must be performed with reasonable care and skill under s.49, at a reasonable price under s.51 (if no price was agreed), and within a reasonable time under s.52. If the service falls short, you are entitled to require the trader to repeat or remedy the service under s.55 or, if that is not possible, a price reduction under s.56. For digital content, separate rights apply under ss.34–47 of the CRA 2015. All of these implied rights are implied terms of the contract and cannot be excluded or restricted by the trader (s.31 CRA 2015). A small claim is often the appropriate route to enforce these rights if the trader refuses to provide a refund or remedy.

Particulars of Claim — Small Claims Track (England & Wales) — United Kingdom

Generate formal Particulars of Claim for the small claims track in the County Court of England and Wales. Sets out the claimant's facts, legal basis, interest claim under County Courts Act 1984 s.69 or Late Payment of Commercial Debts (Interest) Act 1998, and relief sought — fully compliant with CPR Part 7, CPR Part 16, CPR Part 27, and Practice Direction 16.

What Is a Particulars of Claim — Small Claims Track (England & Wales)?

Particulars of Claim for the small claims track is the formal document filed in the County Court of England and Wales that sets out the factual and legal basis for a claimant's case. It is filed with or shortly after the N1 Claim Form and is the claimant's primary statement of case under CPR Part 16. Without a properly drafted Particulars of Claim, the court cannot assess the merits of the claim and the defendant cannot properly respond.

The small claims track is governed by CPR Part 27 and is the standard procedure for claims with a value of £10,000 or less — with lower thresholds for personal injury (£1,000) and housing disrepair (£1,000 each for repair costs and damages). It is a simplified, informal procedure specifically designed to be accessible to litigants in person without professional legal representation. The key feature of the small claims track is the protective costs regime under CPR r.27.14: the losing party's exposure to the winning party's legal costs is strictly limited, making small claims court a practical avenue for individuals and small businesses to resolve disputes without the fear of ruinous legal costs.

A Particulars of Claim must comply with CPR r.16.4 and Practice Direction 16. It must contain a concise statement of the facts on which the claimant relies, set out in numbered paragraphs; the remedy claimed; any interest claimed with the legal basis (typically s.69 of the County Courts Act 1984 at up to 8% per annum, or the Late Payment of Commercial Debts (Interest) Act 1998 for business debts); and a statement of truth signed by the claimant. CPR r.22.1 requires that all statements of case, including Particulars of Claim, be verified by a statement of truth. A false statement of truth can result in proceedings for contempt of court under CPR r.32.14.

The document must be filed within the time limits set out in CPR r.7.4: if the Particulars of Claim are not included in the Claim Form, they must be served on the defendant within 14 days of service of the Claim Form. Failure to serve the Particulars of Claim in time can result in the claim being struck out.

When Do You Need a Particulars of Claim — Small Claims Track (England & Wales)?

Particulars of Claim are required whenever an individual or business issues a claim in the County Court of England and Wales and the claim proceeds on the standard Part 7 procedure. They are the essential formal statement of case that transforms the bare claim number into a substantive legal action.

You will need Particulars of Claim when you are suing for unpaid debts — for example, where a client has failed to pay an invoice, a landlord has wrongfully retained a deposit, or a debtor owes you money under a loan agreement. The small claims track is ideal for these disputes where the sum is £10,000 or less, as it provides a relatively quick and cost-effective route to judgment.

Consumer disputes over faulty goods under the Consumer Rights Act 2015 (CRA 2015) are among the most common types of small claim. Where a trader has refused to repair, replace, or refund faulty goods within the relevant periods, or has denied responsibility for goods that are not of satisfactory quality under s.9, not fit for purpose under s.10, or not as described under s.11 of the CRA 2015, Particulars of Claim are the vehicle for bringing the dispute before the court. Similarly, where a trader has performed a service without the reasonable care and skill required by s.49 of the CRA 2015 — for example, botched building works, negligent legal or financial advice, or incomplete repairs — the small claims track can provide an effective remedy.

Property damage disputes — for example, where a neighbour, contractor, or third party has caused damage to your property and refuses to pay for repairs — are also regularly resolved in the small claims track. Return of deposits from landlords under the Tenancy Deposit Protection scheme or from other contractual arrangements, and disputes about the quality of professional or trade services, also commonly proceed by way of Particulars of Claim in the small claims track.

The Particulars of Claim must be filed before the Limitation Act 1980 deadline: six years from breach of contract under s.5 (or three years for personal injury under s.11). Filing promptly also avoids witnesses' memories fading and documentary evidence being lost.

What to Include in Your Particulars of Claim — Small Claims Track (England & Wales)

A well-drafted Particulars of Claim for the small claims track contains seven key elements, each of which serves a specific procedural purpose under CPR Part 16 and Practice Direction 16.

The first element is the court heading. The Particulars must be headed with the full name of the County Court hearing centre, the claim number (once issued), the names of the claimant and defendant in their correct legal form, and the title 'PARTICULARS OF CLAIM'. This is required under CPR r.16.2.

The second element is the statement of facts. Under CPR r.16.4(1)(a), the Particulars must set out a concise statement of the facts on which the claimant relies. This should be structured in numbered paragraphs, working chronologically through the events: the formation of the contract or relationship; the relevant obligations of the defendant; the breach or failure; the losses suffered. The facts should be specific — dates, amounts, names, and descriptions — without legal argument or excessive narrative.

The third element is the legal basis. While the small claims track is designed to be accessible to non-lawyers and the court will apply the law regardless of how it is pleaded, identifying the relevant legal framework (for example, Consumer Rights Act 2015, Limitation Act 1980, or the common law of contract) assists the court and strengthens the claim. Reference to specific statutory provisions such as s.9 CRA 2015 (satisfactory quality), s.49 CRA 2015 (reasonable care and skill), and s.69 County Courts Act 1984 (interest) demonstrates that the claim is properly founded.

The fourth element is the interest claim. Under CPR r.16.4(2), if the claimant seeks interest, the Particulars must state the legal basis, the rate, the period, and the daily accrual figure. Failure to plead interest may prevent recovery of it even if the claim is otherwise successful.

The fifth element is the statement of relief sought — what the claimant wants the court to order. This typically includes the principal sum claimed, interest, and court fees. Under CPR r.27.14, legal costs are generally not recoverable on the small claims track (save for fixed commencement costs and any costs awarded for unreasonable conduct).

The sixth element is the list of documents relied upon. Practice Direction 27 paragraph 3.1 requires parties to file and serve copies of documents they intend to rely on at least 14 days before the hearing date. Identifying them in the Particulars gives early notice to the defendant.

The seventh element is the statement of truth under CPR Part 22. The Particulars must be signed by the claimant with the prescribed wording confirming they believe the facts stated are true. This is a mandatory requirement under CPR r.22.1 and carries significant consequences — a false statement of truth can lead to contempt of court proceedings.

What Is a Particulars of Claim — Small Claims Track (England & Wales)?

When Do You Need a Particulars of Claim — Small Claims Track (England & Wales)?

What to Include in Your Particulars of Claim — Small Claims Track (England & Wales)

Frequently Asked Questions

Related Documents

Letter Before Action (UK)

Letter Before Action — Demand for Payment (UK)

Mediation Agreement (UK)

Defence to County Court Claim (England & Wales)

Breach of Contract Letter (UK)