Yes, you can take someone to court without a solicitor in England and Wales. Small claims court is specifically designed for people to represent themselves, and many do so successfully. For claims on fast track, intermediate track and multi-track it is advisable to seek specialist legal representation.
Why you don't need a solicitor for small claims
The small claims track (in the case of debt claims, for cases up to £10,000) was created with self-representation in mind:
- Informal proceedings - No wigs, gowns, or complex legal arguments
- Plain English - Judges explain things clearly and help you through the process
- No cost recovery for solicitors - Even if you hire a solicitor, you can't recover their fees from the other side if you win. At most you can recover fixed costs and court fees.
- Straightforward evidence - You present invoices, contracts, and correspondence directly
This means hiring a solicitor often doesn't make financial sense for small claims. You'd pay thousands in fees that you can't recover.
Who represents themselves?
Many people handle their own small claims cases. The courts are experienced with "litigants in person" (the legal term for self-represented parties) and will:
- Explain procedures as you go
- Ask clarifying questions if your evidence is unclear
- Ensure both sides get a fair hearing
District judges who handle small claims are accustomed to non-lawyers and adjust their approach accordingly.
What you'll need to do yourself
If you represent yourself, you'll handle:
1. Sending a Letter Before Action A formal letter giving the debtor 30 days to pay before you file a claim.
2. Filing the claim Complete the claim form (online via Money Claim Online or the OCMC) with details of what you're owed and why.
3. Responding to the defendant If they file a defence, you'll need to respond to their arguments.
4. Attending mediation Mediation is mandatory for defended small claims. A mediator will call both parties to try to reach a settlement.
5. Preparing for the hearing Organise your evidence, prepare what you want to say, and attend the hearing (often by phone or video).
6. Presenting your case Explain your claim to the judge, answer questions, and respond to the defendant's arguments.
When self-representation works best
You're likely to succeed representing yourself when:
- Your evidence is clear - Written contracts, invoices, and correspondence that show you're owed money
- The facts are straightforward - No complex legal arguments needed
- The amount is under £10,000 - Keeping you in the small claims track
- You have time to prepare - Cases typically take 8-12 months if defended
When you might want help
Consider getting help if:
- The other side has complex legal arguments
- The case involves technical legal points (like contract interpretation disputes)
- You're not confident presenting your case verbally
- The amount is large enough that professional help is worth the cost
Alternatives to a full solicitor
If you want some support but not full representation:
- Garfield - Automated platform that handles paperwork and filing, with solicitor backup, at a very affordable cost
- McKenzie friend - Someone who sits with you in court for moral support (but can't speak for you)
- Citizens Advice - Free guidance on court procedures
- Legal aid - Available in very limited circumstances (check eligibility)
- Fixed-fee advice - Pay a solicitor for a one-off consultation to review your case
The court fee consideration
Court fees range from £35 to £455 depending on your claim amount. You can check the current fees in the [Court's publication EX50] (https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50/civil-court-fees-ex50).
If you win, these fees are typically recoverable from the defendant (assuming they're able to pay).
How Garfield helps
Garfield offers the best middle ground between full self-representation and expensive solicitors:
- Generates your Letter Before Action automatically
- Drafts and files claims electronically with the court
- Handles all paperwork and tracks deadlines
- Prepares documents for mediation and hearings
- Solicitor in the loop for complicated situations
Most of Garfield's fees are at or below the level the court permits recovery of, so if you win and the defendant pays, you should recover the majority of these costs.
You get professional quality court claims without the traditional solicitor price tag.