What if I lose? - Small Claims Court

In England and Wales if you are the claimant and you lose the case, you will generally have to pay for your opponent’s expert’s reports.

This is usually limited to £200. You may also have to pay £90 for their witness’ attendance, plus their travel and accommodation costs. You might have to pay towards the other party’s legal costs if you’ve been unreasonable or if you’ve lost an appeal. Remember that you will also have paid Court fees and possibly your own expert’s costs, which you won’t get back.

loading staff

If you're the defendant

If you are the defendant in the claim and lose the case, you will be liable to pay your opponents Court fees and fixed costs, as well as travel costs and expenses for both them and each of their witnesses (as previously mentioned).

N.B. You should be aware that if a claim is unexpectedly transferred out of the small claims track and into either the fast track or multi track, the losing party will be at risk of being held liable to pay their opponents legal fees (which are not normally recoverable in the small claims track).

8.2 out of 10
Trustpilot logo4-stars on trustpilot Based on count 285

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

An outstanding professional service from all the staff I dealt and spoke with. Friendly as well as informative and helpful, fast to reply to any queries. A credit to their profession, second to none in my book.
View from a dispute resolution client

Solicitors' responsibilities - planning application reports

In a recent Court of Appeal case it was decided it was reasonable to expect that a conveyancing solicitor should explain the detail of a Plansearch report which provided details of a school development in close proximity of the property being...

Read more

Twitter block 1 tweet

Could your tree help Christmas come early?

The crisp mornings and dark evenings are upon us and Christmas is quickly approaching with decorations starting to go up all over the country. To get us into the festive spirit we’d love for you to share a snap of your Christmas tree with us....

Read more

Dispute resolution reorder

  • Andrew Leakey
  • Liam Waine
  • Joanne Ellis
  • Heather Roberts
  • Heather Bailey
  • Niall Helferty
  • ​Sam Molyneaux

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.