When a dispute reaches the point where informal resolution is no longer possible, making a court claim may be the only way to recover money owed. Whether you’re acting for yourself or a business, understanding the costs involved from the outset, like court fees and enforcement expenses, is essential in order to make a calculated decision.
This guide explains what it costs to make a court claim in England and Wales, how fees are calculated, and what happens if the other party refuses to pay after judgment.
What Is a Court Claim?
A court claim is a formal legal action brought through the civil courts to recover money or resolve a dispute. Most claims for money are handled by HM Courts and Tribunals, which administers the civil and family courts system in England and Wales.
Claims may be issued against a person or business, and they typically involve unpaid invoices, personal debts, loan repayments, or breaches of contract. The value of the claim determines how it is processed and which court handles it, with smaller claims going to the small claims court, and higher or more complex ones to the local county court for a hearing.
How to Start a Claim
Many people nowadays issue a claim online using the HM Courts Tribunals Service, which is usually the simplest and most cost-effective option, but note that this service is relatively new and is undergoing adjustments in response to feedback.
Once a claim is submitted, it is processed through the Civil National Business Centre for administration, before being transferred to the appropriate court if needed.
Paper applications are still possible, but online claims are cheaper and quicker to process.
How Much Is the Court Fee?
The court fee must be paid before they issue your claim. The amount is based on the sum of money you are claiming and whether you apply online or by post. They are set by the Courts and Tribunals Service and periodically reviewed.
Current figures are viewable on the government website, but as a general guide:
- Claims of £300 or lower will be a small fee, currently £35
- Fees increase in stages as the value of the claim rises
- Claims over £10,000 incur a fee equal to 5% of the claim
- Fees are capped at £10,000 for claims of £200,000 or more
You can pay using a credit card, or by postal order or cheque if submitting a paper claim.
Are Court Fees Recoverable?
If your claim is successful, the court will typically order the other party to repay the court fee, but recovery is not guaranteed. If the defendant refuses, further enforcement action may be required, which will unfortunately increase overall costs.
This is an important consideration when deciding whether a claim is commercially worthwhile, particularly if the defendant’s financial position is uncertain or you suspect they will be uncooperative.
What About Other Legal Costs?
Legal costs will vary depending on whether you instruct a solicitor and how complex the case becomes.
In the small claims court, you can’t recover solicitors’ costs from the other side. This is to keep the process accessible and proportionate to both parties. That said, the court can order the losing party to pay:
- Your court fees
- Travel expenses for attending the hearing for both you and witnesses, if reasonable
- Loss of earnings or loss of leave for attending court, capped at £95 per day per person
- Expert fees where expert evidence is allowed, capped at £750 per expert
If the other side behaves unreasonably (ignoring court directions or causing avoidable delay, for example), the judge can award costs at their own discretion on a case-by-case basis.
For larger claims, legal costs become easier to recover, making it more worthwhile to seek advice early and educate yourself on the likely costs before committing to anything.
What Happens If the Claim Is Defended?
If the defendant disputes the claim, the matter may proceed to a court hearing, if it hasn’t already. This can involve additional steps such as filing evidence, witness statements, and attending court in person or remotely. The court will then decide the outcome based on the evidence presented by both sides.
A defended claim is unfortunately more expensive and time-consuming, particularly if legal representation is involved.
What If You Win but Still Don’t Get Paid?
Obtaining judgment doesn’t result in automatic payment. The defendant may still ignore the court order, which is when enforcement action becomes necessary. There are several options available to you through the civil and family courts, including:
- Warrant or writ of control
- Charging orders
- Third party debt orders
- Attachment of earnings order (where money is taken directly from wages)
The correct route depends on what assets or income the debtor has. Taking the wrong approach can cause delay, additional cost, or leave you unable to recover anything at all. At this stage, a professional’s view is essential.
Able Investigations has supported solicitors, businesses, and individuals with compliant enforcement for over 30 years. We work within the civil and family courts framework to apply the most ethical and efficient method to every case, and you can read more about what we do here
Is Making a Court Claim the Right Option?
Not every debt is worth pursuing through the courts. Before issuing a claim, consider:
- Whether the debtor can realistically pay
- The likelihood of enforcement being successful
- The total cost versus the amount owed
- The time involved in seeing the process through
- If debtor tracing, negotiation, or pre-action investigation may be more appropriate first
Getting Clear Advice Before You Proceed
Court action carries authority, but it also carries risk. Understanding the full cost of a court claim, from the initial fee to potential enforcement, allows you to make an informed decision that protects your assets as much as possible, while raising the odds of recovering what you are owed.
If you are unsure how to proceed, or want to learn more about your enforcement options, speaking to a professional early is the best way to move forward with confidence. Able Investigations has spent over 30 years working alongside solicitors, councils, and individuals to illuminate the law and provide enforcement and debtor tracing services with full compliance. If you need guidance, give our team a call at 0345 366 0000, or fill in our enquiry form for a obligation-free consultation.
