Small claims court hearing: what to expect on the day

A small claims hearing in the County Court of England and Wales is designed to be accessible, informal, and manageable for litigants representing themselves without a barrister or solicitor. Hearings typically last between 30 minutes and two hours, and in almost all cases, the District Judge delivers their judgment at the end of the hearing.

Before you enter the courtroom

• Arrival time: Arrive at the court building at least 30 to 45 minutes before the time listed on your Notice of Allocation (Form N157). Small claims cases are often listed in "blocks" (e.g. 10:00 AM), and the judge decides the order in which cases are called.
• Security screening: You must pass through airport-style security scanners. Sharp objects, liquids, scissors, and recording devices are prohibited.
• Check in with the court usher: As soon as you enter the civil waiting area, locate the court usher (often carrying a clipboard or wearing a black gown). Give the usher your name, claim number, and confirm whether you are the Claimant or Defendant. The usher will notify the judge that both parties have arrived.
• Settlement discussions in the waiting room: It is very common for the other party or their legal representative to approach you in the waiting room to discuss a last-minute settlement. You are under no obligation to settle, but you may listen. Any discussion is strictly "without prejudice" and cannot be mentioned to the judge.

What the hearing room looks like

• Informal setting: Most small claims hearings take place in a private hearing room or the District Judge's chambers rather than a grand courtroom with a jury box or witness dock.
• No wigs or robes: District Judges do not wear wigs or traditional judicial gowns in the small claims track. They wear everyday professional business attire.
• Seating arrangement: You and the defendant will sit side by side at a large table facing the judge, separated by a couple of feet. If you brought a supporter or McKenzie Friend, they sit next to you.

Courtroom etiquette and addressing the judge

• How to address the judge: A full-time District Judge or Deputy District Judge is addressed simply as "Judge", or alternatively as "Sir" or "Madam". Do not use "Your Honour" (which is reserved for Circuit Judges) or "My Lord" (High Court).
• Speaking order: Stand up when the judge enters the room. You may remain seated while presenting your case unless the judge instructs otherwise.
• Never interrupt: Even if the other party says something completely untrue, do not interrupt, shake your head visibly, or speak over them. Make a note on your notepad and address the point when the judge invites you to speak.

The step-by-step hearing procedure

1. Introduction by the judge: The judge will introduce themselves, identify the parties, and briefly summarize the dispute based on the papers they have read.

2. Claimant's case: The Claimant speaks first. You will be asked to summarize your claim briefly, referencing the key paragraphs in your witness statement and pointing the judge to specific exhibits in your bundle.

3. Judge's questions: The judge will intervene to ask direct, probing questions about specific dates, payments, or documents to clarify factual points.

4. Defendant's case: The Defendant is given an equal opportunity to present their defence and explain why they dispute the claim or sum.

5. Cross-examination: In the small claims track, the judge often conducts most of the questioning directly. However, the judge will ask if you have any questions for the Defendant, and vice versa. Always direct your questions through the judge calmly.

6. Closing remarks: Both parties are invited to give a brief 1- to 2-minute summary of why judgment should be given in their favour.

Bringing a McKenzie Friend or supporter

Under the 2010 Judicial Practice Guidance, any litigant in person has a right to be accompanied by a companion known as a McKenzie Friend:

• A McKenzie Friend may sit beside you, take notes, organize your papers, and quietly give you advice.
• A McKenzie Friend does not automatically have "rights of audience" (the right to speak on your behalf to the judge), but the judge may grant permission in exceptional circumstances.
• Alternatively, under the Lay Representatives (Rights of Audience) Order 1999, you may bring a lay representative (such as a spouse or friend) to speak on your behalf if you attend with them.

The judgment and claiming your costs

At the conclusion of the hearing, the judge will deliver an oral judgment explaining the legal reasoning and stating the exact amount payable.

If you win, you must immediately ask the judge for your allowable costs under CPR 27.14:

• Court issue fees and hearing fees: Reimbursed in full automatically.
• Witness loss of earnings: Up to £95 per day per person for attendance at court (bring proof of lost wages or leave taken).
• Travel expenses: Standard public transport fares or mileage for travel to and from the court.
• Expert fees: Up to £750 if an independent expert report was authorized by the court.
• Note that solicitor legal fees are generally not recoverable on the small claims track under CPR 27.14, ensuring you are protected from massive cost orders if you lose.

Free national support

• Support Through Court: 0300 081 0000 - procedural and emotional support on hearing day at major court centres
• Citizens Advice consumer service: 0808 223 1133 - consumer dispute advice
• HMCTS Courts and Tribunals Service Centre: 0300 123 7050 - general case enquiries

Organising your bundle for hearing day? The Casewright Small Claims Witness Statement & Bundle Builder compiles your statement, timeline, receipts, and exhibits into a court-compliant paginated PDF bundle. Independent information directory; link is a sponsored referral.

This guide provides general procedural information for England and Wales and does not constitute formal legal advice. Sourced from CPR Part 27 and HMCTS court guidance.

Reviewed by Sean McNamara, 2026-09-07.