What to Expect at a Small Claims Court Hearing

Last updated: March 2026

Quick Answer

A small claims hearing is an informal court appointment — usually lasting 30 to 60 minutes — before a District Judge in the County Court. There are no wigs, no gowns, and no jury. You sit at a table, the judge asks questions, and both sides have the opportunity to explain their case. The judge will either give a decision on the day or reserve judgment for a later date. Preparation is everything: if you arrive with well-organised documents and a clear understanding of your case, you are already in a strong position.

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The Weeks Before Your Hearing

Directions and Deadlines

After your case is allocated to the small claims track, the court will issue standard directions under CPR Part 27 and Practice Direction 27A. These directions set out the steps both parties must take before the hearing. The most common directions are:

• File and serve documents: Both parties must send copies of all documents they intend to rely on to the other side and to the court, usually 14 days before the hearing
• File witness statements: Any witness whose evidence you want the court to consider must provide a signed witness statement
• Expert evidence: If permission has been granted (which is unusual on the small claims track), expert reports must be filed by the specified date

Missing these deadlines can have serious consequences. If you fail to serve your documents on time, the judge may refuse to let you rely on them at the hearing. If the other side fails, you should draw this to the judge's attention.

The Small Claims Mediation Service

Before the hearing, HMCTS may offer you a free telephone mediation appointment through the Small Claims Mediation Service. This is a one-hour telephone call with both parties and a trained mediator who attempts to help you reach a settlement.

Mediation is voluntary — you do not have to accept it — but it is worth considering seriously. Statistics from the Ministry of Justice show that mediation resolves roughly 60% of cases where both parties engage. If mediation succeeds, you avoid the stress and uncertainty of a hearing entirely.

If mediation fails, your hearing date remains in place and nothing said during mediation can be used in court.

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The Day Before: Final Preparation

What to Bring

Prepare everything the night before. You do not want to be scrambling for documents on the morning of your hearing.

Essential items:

• Your hearing bundle — Three copies (one for you, one for the judge, one for the defendant). Each copy should be identical, paginated, and ideally indexed
• Your witness statement — If not already included in the bundle
• The court's directions order — So you can check you have complied with every requirement
• A notebook and pen — For taking notes during the hearing
• Photo identification — Some courts require it for entry

Optional but useful:

• A brief written outline of the key points you want to make (no more than one page)
• A chronology of events (dates and key facts in a table)
• A schedule of losses (a clear breakdown of what you are claiming and how each figure is calculated)

Rehearse Your Key Points

You are not delivering a speech, but you should know your case inside out. Think about:

• What are the three or four most important facts the judge needs to know?
• What documents support each point?
• What is the weakest part of your case, and how will you address it?
• What is the defendant likely to say, and how will you respond?

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Arriving at Court

Where to Go

Your hearing notice will specify the court centre and the time of your appointment. Aim to arrive at least 30 minutes early. This gives you time to clear security, find the right waiting area, and compose yourself.

County Court hearing centres vary enormously. Some are modern, purpose-built buildings with clear signage and helpful reception staff. Others are older buildings where finding the right room requires a degree of detective work. Do not be afraid to ask at reception — court staff are generally helpful and accustomed to litigants in person who are unfamiliar with the building.

Security

Most court buildings have airport-style security at the entrance. You will need to put bags through an X-ray scanner and walk through a metal detector. Avoid bringing anything prohibited — knives, scissors, and sharp objects will be confiscated. Mobile phones are permitted but must be switched off or on silent before you enter the courtroom.

The Waiting Area

Once through security, you will be directed to a waiting area — often a corridor with chairs or a designated waiting room. This is where you may see the other party for the first time. It is perfectly normal to feel nervous, but try to remain calm and professional.

Important: Do not discuss the case with the other party in the waiting area unless you are attempting a last-minute settlement. Anything you say can potentially be referred to in the hearing.

Last-Minute Settlement

It is surprisingly common for cases to settle in the waiting area before the hearing begins. If the defendant approaches you with a reasonable offer, consider it carefully. Settling avoids the risk of losing entirely, and many District Judges actively encourage parties to explore settlement right up to the last moment.

If you do reach an agreement, inform the court usher or the judge's clerk. The judge can then make a consent order recording the terms of settlement, which is enforceable in the same way as a judgment.

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Inside the Hearing Room

The Setting

Small claims hearings do not take place in the grand courtrooms you see on television. They are typically held in a District Judge's chambers — a relatively small room with a desk for the judge and a table for the parties. In some courts, particularly since the pandemic, hearings may take place by video link (Cloud Video Platform) or telephone.

The atmosphere is deliberately informal. The judge will usually be wearing ordinary business clothes, not robes. You will sit at a table, not stand in a witness box. The judge may well introduce themselves and explain the procedure before anything substantive happens.

Who Will Be There

• The District Judge — The decision-maker. They will have read the papers in advance
• You (the claimant or defendant)
• The other party — They may be alone or may have a friend, family member, or legal representative with them
• A McKenzie Friend — Either party may bring a McKenzie Friend (someone who sits with them, takes notes, and offers quiet advice). A McKenzie Friend does not speak for you unless the judge gives specific permission
• Witnesses — Any witnesses may be asked to wait outside until called

How to Address the Judge

You do not need to say "My Lord" or "Your Honour" in the County Court. The correct form of address for a District Judge is "Sir" or "Madam". If in doubt, "Judge" is perfectly acceptable. The judge will not hold informality against you.

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The Hearing Itself

The Judge's Approach

Under CPR 27.8, the District Judge may "adopt any method of proceeding at a hearing that the judge considers to be fair." In practice, this means the judge has enormous flexibility. There is no single rigid format for a small claims hearing, but the following sequence is typical.

Step 1: Introduction and Housekeeping

The judge will introduce themselves, confirm the names of the parties, and check whether any preliminary issues need to be addressed. They may ask whether the parties have considered settlement or mediation.

Step 2: Identifying the Issues

A good District Judge will summarise the case as they understand it and ask both parties to confirm that summary. This is your opportunity to correct any misunderstandings early on.

The judge may say something like: "As I understand it, the claimant is seeking £3,500 for defective building works, and the defendant says the works were completed to a reasonable standard and that the claimant caused the damage. Is that broadly correct?"

Step 3: Evidence

The judge will usually invite the claimant to give evidence first. You will not normally be asked to read your witness statement — the judge will have read it already. Instead, the judge may ask you specific questions about your evidence, or invite you to highlight the key points.

This is where your hearing bundle earns its keep. When the judge asks about a particular document, you need to be able to say: "That is at page 14 of the bundle, Sir." Having a clearly paginated, indexed bundle means the judge can find the document immediately.

Step 4: Questions from the Other Side

On the small claims track, formal cross-examination is rare. The judge controls the process and may ask both parties questions directly rather than allowing adversarial questioning. However, the judge will usually give each party an opportunity to ask questions of the other.

If you are asking questions:

• Be brief and focused
• Ask questions, do not make speeches
• Do not argue with the answers — simply note them
• Focus on facts that support your case or undermine the other side's version

If you are being asked questions:

• Answer honestly and directly
• If you do not know the answer, say so
• If you do not understand the question, ask for clarification
• Do not guess or speculate

Step 5: Submissions

After the evidence, the judge may invite each party to make brief closing submissions — a short summary of their case and why they should win. This is your chance to draw the threads together.

Keep submissions short (2 to 3 minutes is usually sufficient) and focus on:

• The key facts the evidence has established
• Why those facts support your claim (or defence)
• The amount you are seeking and how it is calculated

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Judgment

On the Day

In many small claims cases, the District Judge will give judgment immediately — often within a few minutes of the hearing concluding. The judge will summarise the findings of fact, explain the reasoning, and announce the decision.

If you win, the judge will make an order specifying:

• The amount the defendant must pay (including any interest and court fees)
• The deadline for payment (usually 14 days or 28 days)
• Whether any other terms apply

If you lose, the judge will explain why. On the small claims track, costs orders against the losing party are limited — you will not normally be ordered to pay the other side's solicitor's fees.

Reserved Judgment

Occasionally, the judge may reserve judgment — meaning they will consider the case further and send a written judgment to both parties by post. This is more common in complex or finely balanced cases.

Can I Appeal?

You have a right to seek permission to appeal, but appeals from the small claims track are rare and must be based on a legal error by the judge, not simply disagreement with the decision. Permission to appeal must be sought within 21 days.

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Enforcement: What If They Do Not Pay?

Winning a judgment and actually receiving your money are, regrettably, two different things. If the defendant does not pay within the time specified, you will need to take enforcement action. Options include:

Each enforcement method involves a separate application and additional court fees. The right method depends on the defendant's circumstances — there is little point issuing a warrant of control against someone with no assets.

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Presenting Your Case Professionally with BundleCreator

The difference between a well-prepared litigant and a poorly prepared one is often visible from the moment they sit down. Arriving with a clearly indexed, paginated hearing bundle — with a table of contents, numbered pages, and logically ordered documents — tells the judge that you take your case seriously.

BundleCreator.co takes the stress out of bundle preparation. Upload your documents, arrange them in the right order, and let BundleCreator handle the pagination and indexing. Print three copies (one for you, one for the judge, one for the other side) and walk into your hearing with confidence.

Build your hearing bundle at BundleCreator.co

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Frequently Asked Questions

What should I wear to a small claims hearing?

There is no dress code, but smart casual or business attire is appropriate. You do not need a suit and tie, but avoid anything overly casual (shorts, flip-flops, or graphic T-shirts). First impressions matter, and dressing respectfully signals that you take the proceedings seriously.

Can I bring someone with me for support?

Yes. You are entitled to bring a McKenzie Friend — anyone who can sit with you, take notes, and offer quiet advice. They do not need legal qualifications. However, a McKenzie Friend does not have an automatic right to speak on your behalf; they need the judge's permission for that. You can also bring a friend or family member for moral support, though they may need to sit in the waiting area if the hearing is in chambers.

What happens if the other side does not turn up?

If the defendant fails to attend, the judge may proceed in their absence and make a decision based on the evidence available. This often results in judgment for the claimant, provided the claimant can demonstrate their case on the balance of probabilities. If the claimant fails to attend, the judge may dismiss the claim or adjourn to a later date.

Can I record the hearing?

Generally, no. Recording court proceedings without the judge's permission is a contempt of court under Section 9 of the Contempt of Court Act 1981. If you have a specific reason for wanting a recording (for example, a disability that makes note-taking difficult), you can apply to the judge for permission at the start of the hearing.

How long will the hearing last?

Most small claims hearings are listed for 30 minutes to one hour. Complex cases may be allocated longer. The judge will manage the time, and if the hearing overruns, it may be adjourned to another date.

Will I have to swear an oath?

It depends on the judge. Some District Judges ask parties and witnesses to take an oath or affirm before giving evidence; others do not bother with this formality on the small claims track. If you are asked, you can either swear on a religious text or make a secular affirmation — both carry the same legal weight.

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Stevie Hayes is the founder of BundleCreator.co, helping litigants in person and legal professionals prepare court-ready document bundles across all areas of law.