How to use the small claims costs checker
- Describe the claim. Choose the kind of claim and enter its value, for the normal track.
- Say who claims costs. The claimant or the defendant, and whether the claimant has a solicitor, for the fixed issue costs.
- Enter what was spent. Court fees, travel, lost earnings for each person and day, experts’ fees and any legal advice on an injunction claim.
- Read the result. See the normal track and each recoverable item, capped where the rules cap it, with the rule for each.
What can be recovered
| Item | Limit | Rule |
|---|---|---|
| Fixed costs of issuing the claim | PD 45 Table 2 (£50 to £110) | CPR 27.14(2)(a) |
| Legal advice, injunction or specific performance claims | £260 | CPR 27.14(2)(b); PD 27A para 7.2 |
| Court fees paid | As paid | CPR 27.14(2)(c) |
| Travel and overnight expenses for a hearing | Reasonably incurred | CPR 27.14(2)(d) |
| Lost earnings or leave, parties and witnesses | £95 a day, each person | CPR 27.14(2)(e); PD 27A para 7.3(1) |
| Experts’ fees | £750 each expert | CPR 27.14(2)(f); PD 27A para 7.3(2) |
| Further costs for unreasonable behaviour | Assessed by the court | CPR 27.14(2)(g) |
| Low value PI protocol Stage 1 and 2 fixed costs, in defined cases | PD 45 Tables 10 and 11 (not worked out here) | CPR 27.14(2)(h) |
| Approved transcript, on an appeal | Reasonably incurred | CPR 27.14(2)(i) |
The same limits apply to a lay representative’s fees (CPR 27.14(4)) and to an appeal, even in the Court of Appeal. Road traffic claims under the Small Claims Protocol follow Practice Direction 27B, which fixes some sums, such as the medical report.
Housing disrepair on the small claims track
A tenant’s claim for an order for repairs is normally a small claim only if the repairs are estimated at £1,000 or less and any other damages claimed are £1,000 or less (CPR 26.9(1)(b)). Above either figure it normally goes to the fast track, or to a higher track if larger or more complex, and because fixed recoverable costs do not apply to disrepair claims (CPR 45.1(4)), costs are assessed. A tenant’s claim for harassment or unlawful eviction is never a small claim (CPR 26.12(2)). Where the claim includes an order for repairs (specific performance of the landlord’s repairing covenant, section 17 of the Landlord and Tenant Act 1985), the court may order up to £260 for legal advice (CPR 27.14(2)(b)).
Related tools
- The fixed issue costs in full: the fixed costs lookup
- A party acting in person: the litigant in person costs calculator
- Court fees: the civil court fees calculator
- Every free tool in one place: costs help for solicitors
Sources
- CPR Part 27 (rules 27.2, 27.14 and 27.15) and Practice Direction 27A (paras 7.2 and 7.3)
- CPR Part 26 (rules 26.9 to 26.13)
- CPR Part 45 (rules 45.1(4), 45.16, 45.17; PD 45 Table 2)
- Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269