IPEC Small Claims Track: How to Prepare Your IP Dispute Bundle

What Is the IPEC Small Claims Track?

The IPEC small claims track is a track within the Intellectual Property Enterprise Court, a specialist list of the Chancery Division (Business and Property Division from 1 October 2026: SI 2026/723 art 2). Small claims are dealt with by District Judges (CPR 63.19(2)) and are mainly managed at the Manchester Business and Property Court. Despite its High Court status, the small claims track is deliberately designed to be informal, proportionate, and accessible. It was established to give creators, sole traders, and small enterprises a realistic way to enforce intellectual property rights without the eye-watering costs that full IP litigation can involve.

The track deals with claims involving copyright, trade marks, passing off, unregistered design rights, and certain database rights — generally where the value of the claim is not more than £10,000 (CPR 63.27(1)(b); IPEC Guide 3.3). Claims involving patents, registered designs, semiconductor topography rights or plant varieties can never be on the small claims track (CPR 63.27(1)(a), 63.2).

If you have ever felt that enforcing your IP rights was something only large corporations could afford, the IPEC small claims track exists precisely to address that imbalance.

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Jurisdiction and Financial Limits

The £10,000 Threshold

The small claims track is for IP claims whose value is not more than £10,000 (CPR 63.27(1)(b)). Such a claim is allocated to the small claims track if the particulars of claim say that the claimant wants it and the defendant does not object in the defence (CPR 63.27(1)(c)–(d)). If the defendant objects, or if the claimant has not asked for it but the defendant requests it, the court decides the track under Part 26 (CPR 63.27(3)). £10,000 is not a hard and fast ceiling: the small claims track may order compensation that exceeds it (IPEC Guide 3.3).

Claims not on the small claims track proceed on the IPEC multi-track, with a £500,000 cap on damages or profits unless agreed otherwise (CPR 63.17A).

Types of Claims Accepted

Costs Protection

One of the most significant features of the small claims track is its costs regime. The general rule is that the losing party will not be ordered to pay the winning party's legal costs. Recovery is limited to (CPR 27.14(2); PD 27A paras 7.2–7.3):

• Fixed issue costs
• Court fees
• Up to £260 for legal advice and assistance in claims that include an injunction
• Reasonable travel expenses for attending the hearing
• Loss of earnings or leave of up to £95 a day for each party or witness
• Expert fees of up to £750 per expert
• Costs where a party has behaved unreasonably

This means that even if you lose, you are unlikely to face a substantial costs order. Equally, if you win, you will not recover your solicitor's fees from the other side. For many litigants in person, this trade-off is precisely what makes the track viable.

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Preparing Your IPEC Small Claims Track Bundle

The Procedural Framework

IPEC small claims cases are governed by Part 63 of the Civil Procedure Rules and the associated Practice Direction, together with the general small claims track rules in Part 27. The court will issue directions after the defence is filed, and these directions will specify the documents to be included in the hearing bundle, the deadline for filing, and any restrictions on length.

Unlike a full IPEC trial — where the bundle can run to hundreds of pages — small claims track bundles are expected to be concise and focused. Judges appreciate brevity. Include what matters; leave out what does not.

What Your Bundle Should Contain

A well-prepared IPEC small claims bundle typically includes the following sections, clearly separated with dividers or bookmarks:

Section 1: Court Documents

• Claim form (N1) and Particulars of Claim
• Defence (and Counterclaim, if any)
• Reply to Defence (if filed)
• All case management orders and directions
• Relevant correspondence with the court

Section 2: Evidence of the IP Right

• Copyright: the original work, evidence of creation date, authorship evidence
• Trade marks: registration certificate from the UK IPO, renewal confirmation
• Passing off: evidence of goodwill (sales figures, advertising spend, brand recognition)
• Unregistered design: design drawings or photographs, evidence of first marketing date

Section 3: Evidence of Infringement

• Screenshots, photographs, or printouts showing the infringing material
• Purchase receipts or test purchases of infringing goods
• Website archive evidence (Wayback Machine snapshots, dated screenshots)
• Comparison evidence showing the original work alongside the alleged copy
• Correspondence with the infringer (cease and desist letters, responses)

Section 4: Evidence of Loss and Damage

• Lost sales evidence
• Licence fee evidence (what you would have charged for legitimate use)
• Any account of profits calculation
• Invoices, financial records, and tax returns supporting your loss claim

Section 5: Witness Statements

• Your own witness statement setting out the facts
• Any supporting witness statements
• Expert evidence (only if the court has granted permission)

Formatting and Presentation

The court expects bundles to be:

• Paginated — continuous page numbering throughout
• Indexed — a front page listing each document with its page number
• Legible — clear copies, not faded photocopies
• Ordered chronologically within each section
• Sent on time — a paginated bundle sent by the date in the court's directions

Judges on the small claims track read the bundle before the hearing. A well-organised bundle creates a strong first impression and allows the judge to find documents quickly during the hearing itself.

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The Hearing: What to Expect

Before the Hearing

The judge will have read the papers in advance, so you will not need to start from scratch. You should prepare a brief oral summary of your case — no more than five minutes — highlighting the key points.

Arrive early. Bring a spare copy of the bundle for your own reference and ensure you know which courtroom you are in. Small claims filed on CE-File or at the Rolls Building on or after 3 July 2023 are transferred to Manchester, and most trials are heard there in person or by video link (IPEC Practice Note, 7 June 2023).

During the Hearing

The procedure is deliberately informal; the judge may limit cross-examination (CPR 27.8). The judge will typically:

1. Confirm both parties have read the other side's evidence
2. Ask each party to summarise their case briefly
3. Ask questions about any points that need clarification
4. Allow each party to respond to the other's case
5. Give a judgment — often on the same day

You do not need to wear court dress. You do not need to address the judge as "My Lord" — "Sir" or "Madam" is perfectly appropriate. The atmosphere is closer to a structured meeting than a traditional courtroom battle.

After the Hearing

The judge will either give judgment immediately or reserve it for a later date (usually within a few weeks). If you succeed, the court may award:

• Damages or an account of profits (usually up to £10,000, although the small claims track may award more: IPEC Guide 3.3)
• An injunction to prevent future infringement
• An order for delivery up or destruction of infringing materials

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Common Mistakes to Avoid

1. Overloading the Bundle

The small claims track is designed for simplicity. Including 300 pages of marginally relevant emails will not strengthen your case — it will irritate the judge and obscure the documents that actually matter. Be selective and ruthless in your editing.

2. Failing to Evidence the IP Right

It is surprisingly common for claimants to assert copyright ownership without actually proving it. If you claim copyright in a photograph, include the original file with metadata showing the creation date and author. If you claim a trade mark, include the registration certificate. Do not assume the judge will take your word for it.

3. Ignoring the Directions

The court's case management directions are not suggestions. If the judge directs that bundles must be filed 14 days before the hearing and limited to 150 pages, those are hard deadlines and hard limits. Non-compliance can result in evidence being excluded or, in serious cases, the claim being struck out.

4. Underestimating the Defence

If the defendant raises a defence — such as independent creation in a copyright case, or own-name (individuals only) or descriptive-use defences (TMA s.11(2)(a)–(b)) in a trade mark case — you must address it directly in your evidence. Ignoring a defence does not make it go away.

5. Not Keeping Dated Records

Intellectual property disputes frequently turn on dates. When was the work created? When did the infringement begin? When did you first become aware of it? Date-stamped evidence (emails, file metadata, social media posts) is significantly more persuasive than undated assertions.

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Building Your Bundle with BundleCreator

Preparing an IPEC small claims bundle from scratch can be time-consuming, particularly if you are managing multiple evidence types — photographs, screenshots, correspondence, and official documents. BundleCreator.co automates the formatting, pagination, and indexing that courts expect, allowing you to focus on the substance of your case rather than wrestling with PDF software.

Whether you are a sole trader enforcing a copyright claim or a small business dealing with a trade mark dispute, having a properly structured bundle gives you credibility before the judge reads a single word of your evidence.

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Frequently Asked Questions

Can I bring a claim on the IPEC small claims track without a solicitor?

Yes. The track is specifically designed to be accessible to litigants in person. The informal procedure, costs protection, and relatively short hearings all support self-representation. Many successful claimants on this track have had no legal training at all.

What happens if my claim is worth more than £10,000?

If your claim is worth more than £10,000, it will usually proceed on the IPEC multi-track, where damages or profits are capped at £500,000 unless the parties agree otherwise (CPR 63.17A); larger claims are usually brought in the Patents Court or the Intellectual Property List. The £10,000 figure is not a hard and fast ceiling: a straightforward case that can be heard in less than a day may suit the small claims track even if somewhat more than £10,000 is claimed, and the small claims track may award more than £10,000 (IPEC Guide 3.3).

Can the defendant counterclaim?

Yes. Where the court has to decide the track, it takes into account the value and complexity of any counterclaim (CPR 63.27(3); CPR 26.13(1)(e)). A counterclaim concerning a patent or registered design is a claim to which CPR 63.2 applies, so the case cannot stay on the small claims track (CPR 63.27(1)(a)).

Is the hearing always in London?

No. Since 3 July 2023, small claims filed on CE-File or at the Rolls Building in London are transferred to Manchester, where District Judges manage them; most trials are heard in person in Manchester or, if the parties prefer, by video link. Claims filed at another centre that hears IPEC small claims (Bristol, Birmingham, Cardiff, Leeds, Liverpool or Newcastle) stay there unless transferred, and a party may apply for a transfer, including to London, if there is good reason (IPEC Practice Note, 7 June 2023).

How long does the whole process take?

The timeline depends on whether the defendant files a defence promptly, whether the court's listing is congested, and whether any interim applications are made.

Can I get an injunction on the small claims track?

Final injunctions, delivery up and declarations are available; interim remedies are not (CPR 63.27(4)). If ongoing infringement is a concern, you should specifically request injunctive relief in your Particulars of Claim.

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Stevie Hayes writes about legal procedure, court bundles, and access to justice for BundleCreator.co — the UK's dedicated court bundle preparation platform for legal professionals and litigants in person.