Small claims evidence checklist for England and Wales
For most money claims of £10,000 or less in England and Wales, you write a letter before claim, then, if needed, issue a small claim and give the court a numbered, dated set of documents showing what was agreed, what went wrong and what you did about it. This page is a checklist, not legal advice.
Who this is for
This guide covers England and Wales. Scotland (simple procedure in the sheriff court) and Northern Ireland (small claims in the county court) have their own rules, limits and forms, so use the official pages for those nations instead.
The basics in one table
| Question | Short answer |
|---|---|
| Small claims limit | Most claims valued at £10,000 or less are allocated to the small claims track (Civil Procedure Rules, Part 27). Some claim types, such as personal injury and housing disrepair, have lower limits. |
| Before you issue | Write to the other side first, following the Practice Direction on Pre-Action Conduct. |
| How to start a claim | Online through the GOV.UK money claims service (the successor to Money Claim Online), or by paper form N1. |
| Time limit | Usually six years from when the claim arose for a breach of contract (Limitation Act 1980, s.5). Shorter limits apply to some other claims. |
| Evidence rules | Formal rules of evidence do not apply on the small claims track, but the judge decides what to accept. |
Step by step
- Write down what you want. A refund, a repair, a replacement or a sum of money, with the amount worked out.
- Send a letter before claim. The Practice Direction on Pre-Action Conduct expects you to set out the basis of the claim, a summary of the facts and what you want. The other side should reply within a reasonable period: 14 days in a straightforward case, and no more than three months in a very complex one. Keep a copy and proof of sending.
- Consider mediation. GOV.UK points out that mediation can be quicker and cheaper than court.
- Issue the claim if there is no resolution, using the official online service or form N1, and pay the court fee (or apply for help with fees).
- Follow the court's directions. After the case is allocated, the court normally sets standard or special directions and a hearing date. Under the standard directions, each side files and serves the documents it relies on at least 14 days before the hearing, so check your own directions for the exact dates.
- Prepare a bundle and, if useful, a witness statement (see below), then attend the hearing.
What evidence to gather
Think in terms of what each document proves: who agreed what, when, what you paid, what went wrong, and what you did about it.
- The agreement: order confirmation, contract, quote, terms, adverts or listings you relied on.
- Payment: receipts, invoices, card or bank statements.
- The problem: dated photos and videos, repair reports, screenshots of faulty behaviour.
- Communications: emails, letters, messages and chat exports, plus notes of phone calls (date, time, who, what was said). Note that recording a call may be subject to consent and data rules, so check before you rely on one.
- Your attempts to resolve it: complaints, deadlines you gave, replies or silence.
- Your loss: how you worked out the amount claimed.
How to organise and number it
- Put everything in date order, oldest first.
- Give every document a number or letter (for example 1, 2, 3 or A, B, C) and keep that numbering the same everywhere.
- Make a one-page index: number, date, description, number of pages.
- Number pages continuously through the bundle.
- Write a short timeline that points to the document numbers.
- Send the other side the same set you file, and keep a spare copy for yourself on the day.
Witness statement and statement of truth
You can set out your account in a written witness statement. Practice Direction 32 asks for it to be in your own words in the first person, divided into numbered paragraphs, to say which facts you know directly and which you were told, and to identify exhibits by referring to them, for example "I refer to the invoice marked 'A'". It should end with a statement of truth. The wording in PD 32 paragraph 20.2 is:
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Sign and date it yourself. Check the current Practice Direction before you finalise, as the wording and format requirements are set by the court rules.
Keep your originals
- File copies; keep the originals (the physical item, the original email with its header information, the original photo file) somewhere safe in case the court or the other side asks to see them.
- Do not edit, crop or rename the only copy of an exhibit. Work on duplicates.
- A fingerprint (hash) of each file, recorded at the time, lets you show later that a file has not changed. It supports your account; it does not decide whether the court accepts the file.
Deadlines to watch
- Limitation: for most contract claims the limit is six years from when the cause of action accrued. Do not leave it late, and take advice if you are close to a deadline.
- Court directions: missing a filing date can harm your case.
- Warranty and promise dates: a guarantee period or a date someone promised to act by can matter. Note them when you first see them.
Sources
- GOV.UK: Make a court claim for money
- Justice.gov.uk: Practice Direction Pre-Action Conduct and Protocols
- Justice.gov.uk: Civil Procedure Rules Part 27, Small Claims Track
- Justice.gov.uk: Civil Procedure Rules Part 22, Statements of Truth
- Justice.gov.uk: Practice Direction 32, Evidence
- legislation.gov.uk: Limitation Act 1980, section 5
- GOV.UK: Make a money claim online