If you lose your small claims court case as a claimant, you don't get the money you were claiming, and you'll have to pay your own court fees. In most cases, you won't have to pay the defendant's legal costs, but there are exceptions.
Here's exactly what happens and what it means for you.
You don't get the debt paid
The judge has decided you haven't proved your case. That means:
- The defendant doesn't have to pay you
- You can't pursue this debt through court again (the claim is dismissed)
- Any money you've already spent chasing the debt is lost
You lose your court fees
When you filed the claim, you paid:
- Issue fee: £35 to £455 (depending on claim size)
- Hearing fee: £27 to £345 (if it went to a hearing)
You don't get these back. The court keeps them regardless of the outcome.
Example:
If you claimed £5,000, you paid £205 to file plus £345 for the hearing. That's £550 out of pocket, plus the debt you didn't recover.
You usually DON'T pay the defendant's costs
This is the good news: in small claims court, each side usually pays their own costs, win or lose.
That means even if you lose, you typically don't have to reimburse the defendant for:
- Their time preparing the case
- Any legal advice they got
- Travel to the hearing
- Lost earnings from attending court
This is different from higher courts, where the loser often pays thousands in the winner's legal fees.
Exceptions: When you MIGHT have to pay costs
There are three situations where you could be ordered to pay the defendant's costs:
1. You behaved unreasonably
If the judge thinks you:
- Brought a claim you knew was false
- Refused a reasonable settlement offer
- Wasted court time with unnecessary delays
- Were abusive or obstructive
The judge can order you to pay the defendant's costs (usually a few hundred pounds, not thousands).
2. The defendant had to pay expert witness fees
If the defendant hired an expert witness (e.g., a surveyor to inspect faulty work), you might have to pay those fees. Usually capped at £750 per expert.
3. The defendant won their counterclaim
If the defendant filed a counterclaim against you and won, you might have to pay what they claimed plus their court fees.
Can you appeal?
Yes, but it's difficult and expensive.
You can appeal if:
- The judge made a legal error (misapplied the law)
- The decision was completely unreasonable based on the evidence
- There was a serious procedural problem
You CANNOT appeal if:
- You just disagree with the judge's decision
- You think they weighed the evidence wrong
- You have new evidence you forgot to mention
Appeal costs:
- Permission to appeal: £128
- Full appeal hearing: £346
And if you lose the appeal, you might have to pay the defendant's appeal costs too.
Most appeals in small claims fail. Judges are given wide discretion to weigh evidence and make judgment calls.
What if you had strong evidence?
Losing doesn't always mean your case was weak. You might have lost because:
Poor presentation You didn't explain your case clearly, or the judge didn't understand the key points.
Missing evidence You had proof but didn't bring it to court, or didn't submit it properly.
Credibility issues The defendant was more believable, even if you were telling the truth.
Technical legal defenses The defendant raised a legal defense you didn't know how to counter (e.g., limitation period, contract terms).
This is frustrating, but it's why preparation matters. Small claims is designed for non-lawyers, but you still need to present your case well.
Should you have used a professional service?
If you lost because you didn't prepare properly, didn't understand court procedures, or couldn't present your evidence effectively, a professional service might have helped.
Garfield prepares:
- Properly formatted legal documents
- Clear, organized evidence bundles
- Legally sound arguments following court rules
- Everything submitted on time with correct procedures
Professional presentation increases your chances of winning, especially if the defendant has legal help or experience with court procedures.
What NOT to do after losing
Don't harass the defendant The court has ruled against you. If you keep demanding payment, you could face harassment claims or even legal action against you.
Don't try to claim the same debt again You can't just file another claim for the same debt. The court has made a final decision.
Don't refuse to pay court-ordered costs If the judge ordered you to pay the defendant's costs (in the exceptional cases above), you must pay. Ignoring it leads to enforcement action against you.
Learn from it
If you have other unpaid debts to recover, learn from what went wrong:
- Evidence: Get everything in writing before you start work
- Contracts: Use clear, written contracts with payment terms
- Documentation: Keep detailed records of all communication
- Preparation: Organize your evidence before filing
- Legal help: Consider professional help for larger claims
Most claimants win in small claims court (around 70% success rate). If you lost, it's usually because of evidence problems, not because the system is unfair.
How Garfield helps you avoid losing
Garfield increases your chances of winning by:
- Evidence gathering: Tells you exactly what evidence you need before filing
- Legal compliance: Ensures all documents meet court requirements
- Clear presentation: Organizes evidence in the format judges expect
- Proper procedures: Files everything correctly and on time
- Pre-filing assessment: Identifies weak cases before you waste court fees
You only proceed to court when your case is strong and well-prepared, reducing the risk of losing.