If you are involved in a civil dispute and negotiation has not resolved it, the next question is usually where the claim should go and what process applies. In England and Wales, defended civil claims are allocated to a court track based mainly on value, complexity, evidence and trial length.
The current civil court system has four main tracks: small claims, fast track, intermediate track and multi-track. Understanding the difference helps you assess cost, risk and how much legal support you may need.
The Court Tracks: An Overview
The court usually allocates a defended claim after the parties file directions questionnaires.
| Track | Typical Scope |
|---|---|
| Small claims track | Most straightforward claims up to £10,000 |
| Fast track | Usually claims above small claims level and up to £25,000, suitable for a trial of no more than 1 day |
| Intermediate track | Usually claims above £25,000 and up to £100,000, suitable for a trial of no more than 3 days |
| Multi-track | Higher-value or more complex claims, including many claims above £100,000 |
These thresholds are not absolute. A lower-value case can be allocated to a higher track if it is legally or factually complex. A judge will consider the issues, evidence, witnesses, experts and proportionality before making a final decision.
The Small Claims Track
The small claims track is designed to be more accessible and less formal than other tracks. It commonly deals with consumer disputes, unpaid invoices, smaller contract claims, deposit disputes and lower-value debt claims.
Most money claims up to £10,000 fall here. Personal injury and housing disrepair claims have special rules. For non-road traffic personal injury claims, the small claims track usually applies only where the overall claim is not more than £10,000 and the pain, suffering and loss of amenity element is not more than £1,500. Housing disrepair claims are normally small claims only where the estimated cost of repairs is not more than £1,000 and any other damages claim is not more than £1,000.
The key costs point is that solicitors’ fees are not usually recoverable, even if you win. You may recover court fees, limited fixed costs and certain expenses, but not the full cost of legal representation. That is why early advice from litigation solicitors in London can be useful even where full representation is not proportionate.
Before You Issue: Pre-Action Steps
Before starting a civil claim, you are expected to follow the relevant pre-action protocol or the Practice Direction on Pre-Action Conduct. This usually means sending a clear letter of claim, setting out the basis of the claim, what you want and giving the other side a reasonable time to respond. In straightforward claims, that may be around 14 days. More complex disputes may require longer.
Courts can penalise parties who issue too quickly or fail to engage properly. Our blog on record-keeping for compliance explains why clear documents and communication records matter before any court claim is started.
The Fast Track
The fast track usually covers claims above the small claims limit and up to £25,000, provided the case can be dealt with in a trial of no more than 1 day and expert evidence is limited.
It is common for straightforward contract claims, debt disputes, modest property disputes and some housing claims. The procedure is more formal than small claims. The court will set a timetable for disclosure, witness statements, expert evidence where needed and trial.
Costs matter more in the fast track. Fixed recoverable costs apply to many fast track cases, and the losing party may have to pay a contribution towards the winner’s recoverable costs. This makes proper preparation and advice more important. Our landlord tenant dispute solicitors regularly advise where the value and cost risk justify early strategy.
The Intermediate Track and Multi-Track
The intermediate track now sits between the fast track and multi-track. It usually applies to suitable claims worth more than £25,000 and up to £100,000, where the trial should last no more than 3 days and expert evidence is limited.
The multi-track is for claims that are too valuable, complex or evidence-heavy for the other tracks. It can involve detailed case management, disclosure, experts, interim applications, mediation and a longer trial. Legal representation is strongly recommended.
Common Dispute Types
Housing disrepair claims may be small claims, fast track or intermediate track depending on the repair cost, damages and complexity. Our blog on evidence that wins disrepair and EPA cases explains what courts expect to see. If you need housing disrepair advice, we can assess likely value and track.
Debt claims follow the same allocation principles. A well-prepared claim can move quickly if the defendant does not respond, allowing default judgment. Our debt recovery solicitors in London can advise on the most efficient route.
Possession and eviction claims follow specialist procedures rather than ordinary track allocation. Since 1 May 2026, most private landlords in England need to rely on Section 8 grounds rather than Section 21. Our eviction solicitors in London can guide you through the correct process, and our blog on strengthened Section 8 grounds for arrears, ASB, and sale or occupation explains the evidence landlords may need.
Commercial lease disputes can fall into any track depending on value and complexity. For service charge, dilapidations or break clause disputes, advice from commercial lease agreement solicitors before issuing is sensible.
Issuing Your Claim
Most civil money claims start with a claim form. For money claims, court issue fees currently start at £35 for claims up to £300, rise to £455 for claims over £5,000 and up to £10,000, and are 5% of the claim value for claims over £10,000 and up to £200,000, capped at £10,000 for higher claims. Money Claim Online can usually be used only up to £99,999.99.
After service, a defendant usually has 14 days to file a defence or acknowledge service. If they acknowledge service, the defence deadline is usually extended to 28 days from service. If no response is filed, you may be able to request default judgment.
Our blog on communication duties to residents and parties in disputes is a useful reminder that communications before and during a claim can become important evidence.
Frequently Asked Questions
Can I represent myself in court?
Yes. You can represent yourself as a litigant in person. This is common in small claims. In fast track, intermediate track and multi-track cases, the procedural and costs risks are higher.
Can I recover my court fees if I win?
Usually, yes. Court fees are generally recoverable from the losing party. Solicitors’ fees are much more limited in small claims.
What happens if the losing party does not pay?
You may need enforcement action, such as a warrant of control, third party debt order, charging order or attachment of earnings order. Our solicitors in London can advise on the best option.
Should I consider mediation?
Yes. Courts expect parties to consider alternative dispute resolution. Refusing mediation without good reason can create costs consequences.
The Right Advice Before Court Action
Issuing proceedings is a serious step. The right track affects cost, timetable, risk and settlement strategy.
At Atalaw Solicitors, we advise individuals and businesses across London on civil disputes of all sizes, from small claims and debt recovery to complex litigation.
Contact us today to talk through your situation and choose the most practical route forward.