Small Claims Track: Letter Before Claim and Court Bundle Guide 2026

Before issuing a small claim in the County Court, you must follow the Pre-Action Protocol. This guide explains how to draft a compliant Letter Before Claim, prepare your court bundle, and understand what happens at the hearing. Updated for 2026 rules.

1. The Pre-Action Protocol — Why It Matters

The Pre-Action Protocol for Debt Claims (Practice Direction 27B) applies to most Small Claims Track cases. The court expects both parties to exchange information and attempt settlement before litigation. If you issue a claim without sending a proper Letter Before Claim, the court may:

Stay (pause) the proceedings until you comply
Order you to pay the defendant's costs
Reduce any interest you claim

For claims under £10,000 (England and Wales), the Small Claims Track is designed to be informal and cost-effective. However, the pre-action steps are not optional.

2. How to Draft a Compliant Letter Before Claim

Your Letter Before Claim must include the following under the Protocol:

Your full name and address (and reference number if applicable)
Defendant's full name and address
Clear description of the debt or dispute (e.g., unpaid invoice, faulty goods)
Amount claimed — including any interest under s.69 County Courts Act 1984 (8% per annum on debt claims)
Deadline for response — at least 14 calendar days from receipt
Statement that if no response is received, court proceedings may be issued
Copies of key documents (contract, invoice, correspondence) — attach or offer to provide

Send the letter by recorded delivery or email with read receipt. Keep a copy for your court bundle. The defendant must reply within 14 days, or you may proceed to issue a claim via Money Claim Online.

3. Court Bundle — What to Include and When

Once a hearing is listed, you must prepare a court bundle (unless the court directs otherwise). This is a single, paginated document containing all evidence. File it with the court and serve it on the defendant at least 14 days before the hearing.

Essential contents:

Claim form and defence (if any)
Letter Before Claim and defendant's reply
Witness statements (yours and any witnesses)
Key documents: contracts, invoices, receipts, photos, emails
A short chronology of events
A statement of the amount claimed (with interest calculation)

Use a ring binder or folder with numbered pages. The judge will refer to this during the hearing. If you fail to provide a bundle, the court may adjourn and order you to pay costs.

4. The Hearing — What to Expect

Small Claims Track hearings are informal and usually held in a district judge's chambers. The judge will ask each side to explain their case. You may bring witnesses, but the judge controls the process. Key points:

No formal dress code — but smart attire is recommended
No strict evidence rules — the judge will consider all relevant documents
Costs are limited — you cannot recover legal fees (except fixed costs and expert fees up to £750)
Judgment — the judge may decide immediately or reserve judgment

If you win, the court will issue a judgment for the amount plus fixed costs. Enforcement is a separate process (e.g., bailiff, attachment of earnings).

Scotland and Northern Ireland

Scotland: Claims up to £5,000 are dealt with under the Simple Procedure (not Small Claims Track). You must send a formal demand letter (similar to a Letter Before Claim) and use the Scottish Courts website to issue a claim.

Northern Ireland: The Small Claims Court handles claims up to £3,000. Pre-action requirements are less formal, but a letter of demand is still recommended. See the NI Direct guide.

Frequently Asked Questions

Is a Letter Before Claim legally required before issuing a small claim?

Yes, under the Pre-Action Protocol for Debt Claims and Practice Direction 27B, you must send a Letter Before Claim and give the other party at least 14 days to respond before filing a claim with the County Court.

What must be included in a compliant Letter Before Claim?

Your full name and address, the defendant's name and address, a clear description of the debt or dispute, the amount claimed (including interest under s.69 County Courts Act 1984), a deadline for response (minimum 14 days), and a statement that court proceedings may follow if no reply.

Do I need a court bundle for a Small Claims Track hearing?

Yes, unless the court directs otherwise. The bundle must include the claim form, defence, witness statements, relevant documents (contracts, invoices, photos), and a chronology. You must file and serve it at least 14 days before the hearing.

Does the Small Claims Track process differ in Scotland or Northern Ireland?

Yes. In Scotland, claims up to £5,000 go to the Simple Procedure (not Small Claims Track). In Northern Ireland, the Small Claims Court handles claims up to £3,000. Different pre-action rules apply — always check local legislation.

References and Further Reading

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