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How to File a Small Claim for Contract Breach

File a small claim for contract breach by sending a letter before action, then issuing a claim through Money Claims Online or at your local county court. Claims up to £10,000 are allocated to the small claims track, which is designed for litigants in person with simplified procedures and limited costs exposure.

Last updated: February 2025

Step-by-Step Guide

1

Send a letter before action

Before issuing proceedings, send a formal letter before action giving the other party a reasonable time (usually 14 days) to resolve the matter.

Tips
  • •Courts can penalise you on costs for not following the Pre-Action Protocol.
2

Issue the claim

File your claim using Money Claims Online (MCOL) at moneyclaims.service.gov.uk or by submitting Form N1 to your local county court. Include the amount claimed, a brief statement of facts, and the court fee.

Tips
  • •MCOL is available for claims up to £100,000 and is cheaper and faster than paper filing.
3

Wait for the defendant's response

The defendant has 14 days to respond (or 28 if they acknowledge service). They may admit the claim, defend it, or make a counterclaim.

Tips
  • •If the defendant does not respond, you can apply for default judgment.
4

Prepare for and attend the hearing

Organise your evidence, prepare a bundle of documents, and attend the hearing. Small claims hearings are informal, typically last one to two hours, and are designed for non-lawyers.

Tips
  • •Bring copies of all correspondence, the contract, and any evidence of the breach and your loss.
5

Enforce the judgment if successful

If you win, the court will order the defendant to pay. If they do not pay, you can enforce through warrant of control, attachment of earnings, or a charging order.

Tips
  • •Enforcement is a separate process and may incur additional fees.

Legal Requirements

Small claims are governed by Part 27 of the Civil Procedure Rules. Claims up to £10,000 are allocated to the small claims track. Court fees range from £35 to £455 depending on the amount claimed. The losing party is generally not ordered to pay the winner's legal costs on the small claims track, except for the court fee and limited witness expenses.

Common Mistakes

Issuing proceedings without sending a letter before action first
Not keeping adequate evidence of the breach and financial loss
Assuming the court will investigate the case; you must prove your claim

Template / Example

Particulars of Claim: The Claimant and Defendant entered into an agreement dated [Date] for [description]. The Defendant breached clause [X] by [description of breach]. As a result, the Claimant has suffered loss and damage in the sum of £[X]. The Claimant claims: (1) £[X] damages; (2) interest; (3) court fees.

When to Get a Solicitor

The small claims track is designed for litigants in person, but consider legal advice if the claim is close to the £10,000 limit, involves complex legal issues, or if the defendant has legal representation.

FAQ

How much does it cost to file a small claim?

Court fees range from £35 (claims up to £300) to £455 (claims between £5,001 and £10,000). You can add the court fee to your claim. Money Claims Online offers a small discount on fees compared to paper filing.

Can I claim legal costs on the small claims track?

Generally no. The small claims track has a no-costs rule, meaning each party bears their own legal costs. The court can only award the court fee, fixed travel expenses, and a limited amount for loss of earnings for attending the hearing.

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This is guidance, not legal advice. Consult a solicitor for complex matters.

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