Small claims costs against a UK seller
Budget for court fees, your own advice and evidence costs, and possible payments to the seller. In England and Wales, small-claim cost recovery is limited, but unreasonable behaviour can lead to extra costs. Check the procedure before filing. Sourcing records can be checked with Cambridge China Bridge.
Check the procedure before budgeting
This guide concerns a personal purchase from a UK seller, even where the goods came from China. Confirm the contracting party using our seller and agent guide. Scotland and Northern Ireland have different procedures; the cost rules below concern England and Wales.
For an ordinary goods money claim, the small claims track is normally used for claims worth no more than £10,000. Check the court's allocation notice rather than assuming that filing online guarantees this route. For complaints, evidence and pre-action preparation, use our dispute escalation guide.
Separate filing fees from later fees
The issue fee depends on the amount claimed plus interest. The official guidance gives an example: an estimated claim between £3,000.01 and £5,000 attracts a £205 issue fee. Check the current official fee schedule for your actual claim rather than treating this example as a quotation.
Budget separately for a hearing and any enforcement step. Follow the hearing-fee deadline in the court order. The hearing fee is non-refundable, but is not payable if you settle before it falls due. If affordability is a concern, check eligibility using our help with court fees guide.
Distinguish your spending from recoverable costs
Ordinary solicitor bills are generally outside small-claim cost recovery. Potential awards include limited fixed issue costs, court fees and reasonable hearing travel or accommodation expenses. Keep receipts and distinguish what you paid from what you ask the court to award.
Recovery for hearing-related lost earnings or leave is capped at £95 per person per day; expert fees are capped at £750 per expert. These are recovery limits, not supplier price limits. Expert evidence needs court permission. Ask about permission and recoverability before commissioning a report.
Allow for exceptions to the cost limits
Unreasonable behaviour can lead to further costs assessed by the court. Keep correspondence factual, respond to court instructions and record settlement discussions. Ask an adviser to assess any threatened costs against the applicable rule.
Claims including an injunction or specific performance have a separate legal-advice allowance capped at £260. If you want an order requiring the seller to act, ask for advice on the procedure and cost exposure. If allocation changes, obtain a fresh cost estimate before continuing.
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Build a budget before committing
List court payments, advice, reports, translation, travel and time away from work separately. Ask advisers for a written scope and price, including preparation and attendance. Prepare a settlement budget alongside a hearing budget, and flag spending you might have to bear yourself.
Winning does not guarantee collection. Review the seller's ability to pay before spending further on enforcement. Keep the claim amount, requested costs, court award and money received separately recorded. Cambridge China Bridge's staff in China can help obtain factory and order records for your evidence file.
Frequently asked questions
Will the seller pay my solicitor if I win?
Usually not for ordinary legal work on the England and Wales small claims track. Budget to bear your own bill; limited allowances and unreasonable-behaviour exceptions may apply.
Could I pay the seller's costs if I lose?
Yes. Limited expenses may be awarded against you, and unreasonable behaviour can lead to further costs. A small claim does not mean there is no cost exposure.
Can I recover an expert report fee?
Expert evidence needs court permission. On the England and Wales small claims track, expert-fee recovery is capped at £750 per expert. Check before commissioning the report.
Do I pay a hearing fee if we settle?
If you settle before the hearing fee falls due, it is not payable. Once paid, the hearing fee is non-refundable. Check the deadline in your court order.