Once a customer defends a court claim for an unpaid invoice, the court places the claim on one of four "tracks". The track decides how the case is run and how much of the winner's legal costs the loser can be ordered to pay. This guide explains the tracks, their costs rules and the court fees. It follows on from the overview of your options on an unpaid invoice.
A track only matters once the claim is defended
Part 26 of the Civil Procedure Rules (CPR) deals with the allocation of defended cases. If the defendant files a defence, a court officer provisionally decides which track looks most suitable and the parties must each complete a directions questionnaire (rule 26.4). If no defence is filed, the claim can end in a default judgment without being allocated at all: see issuing a debt claim online and default judgment.
The four tracks
Rule 26.9 sets the normal scope of each track. For an ordinary money claim such as a debt:
| Track | Value of the claim | Other conditions in the rule |
|---|---|---|
| Small claims track | Not more than £10,000 | None |
| Fast track | Not more than £25,000 | Trial likely to last no longer than one day, with limited oral expert evidence |
| Intermediate track | Not more than £100,000 | Trial of no more than three days if managed proportionately; no more than two experts per party giving oral evidence; no more than three parties in total |
| Multi-track | Any claim for which none of the other tracks is the normal track | None |
Value is the starting point, not the whole test
Rule 26.13(1) lists matters the court must have regard to, including the financial value of the claim, the likely complexity of the facts, law or evidence, the number of parties, the value and complexity of any counterclaim, the amount of oral evidence needed, and the parties' views and circumstances.
It is for the court to assess the financial value, and in doing so it disregards any amount not in dispute, any claim for interest, and costs (rule 26.13(2)). So if a customer accepts that part of an invoice is owed, the value for allocation is the part still in dispute. A counterclaim adds a factor the court must weigh: see when a customer disputes the invoice.
A claim on the fast track or intermediate track is also assigned to one of four complexity bands, which set the level of costs (rule 26.14). On the fast track, defended debt claims are normally assigned to band 1, the lowest (rule 26.15).
What each track means for legal costs
The general rule is that, if the court makes a costs order, the unsuccessful party is ordered to pay the successful party's costs (rule 44.2(2)). The track decides how much that is.
Small claims track. Rule 27.14 turns the general rule off. The court may not order one party to pay the other's costs, fees and expenses, except for a short list. The items relevant to a debt claim are:
- the fixed costs attributable to issuing the claim;
- court fees the other party has paid;
- reasonable travel expenses for attending a hearing;
- loss of earnings for attending a hearing, capped at £95 per day for each person, and an expert's fees, capped at £750 for each expert (Practice Direction 27A, at the time of writing, October 2026);
- further costs against a party who has "behaved unreasonably".
Fast track and intermediate track. The winner's legal costs are recoverable, but as fixed recoverable costs under Part 45. The court may only award an amount that is neither more nor less than the figure in the relevant table in Practice Direction 45, unless both sides have expressly agreed that Part 45 should not apply (rule 45.1(3)). At the time of writing (October 2026), for example, Table 12 gives £3,923 for a band 1 fast track claim disposed of at trial, plus a trial advocacy fee that depends on the value of the claim, and reasonably incurred disbursements. A higher amount can be considered in exceptional circumstances (rule 45.9), and a party acting without a lawyer throughout is allowed no more than two-thirds of the fixed figure (rule 45.4). The same tables apply when a defendant wins (rule 45.6).
Multi-track. Costs are not fixed. The court assesses them, normally on the "standard basis": it allows only costs that are proportionate to the matters in issue and resolves any doubt in favour of the paying party (rule 44.3).
Contract terms about recovery costs
Some business terms say that the customer will pay the supplier's costs of recovering a debt. Under rule 44.5, costs payable under a contract are presumed to have been reasonably incurred and to be reasonable in amount, unless the contract expressly provides otherwise, and that presumption can be rebutted.
In Chaplair Ltd v Kumari [2015] EWCA Civ 798, a landlord's claim under a lease on the small claims track, the Court of Appeal held that a party with a contractual right to its costs was not restricted to the limited costs that rule 27.14 allows. The court's discretion should ordinarily be exercised to reflect the contractual right, but it remains a discretion and the costs must still be reasonable. Whether a term has that effect depends on its wording.
Court fees
The issue fee is paid to start the claim. At the time of writing (October 2026), HM Courts and Tribunals Service form EX50 gives these fees for a money claim:
| Value of the claim | Issue fee |
|---|---|
| Up to £300 | £35 |
| More than £300 but no more than £500 | £50 |
| More than £500 but no more than £1,000 | £70 |
| More than £1,000 but no more than £1,500 | £80 |
| More than £1,500 but no more than £3,000 | £115 |
| More than £3,000 but no more than £5,000 | £205 |
| More than £5,000 but no more than £10,000 | £455 |
| More than £10,000 but no more than £200,000 | 5% of the value of the claim |
| More than £200,000 | £10,000 |
The fee is based on the amount claimed plus interest, unlike the value used for allocation, which leaves interest out.
The hearing fee is payable by the claimant if the case goes to a final hearing. On the small claims track it ranges from £27 for a claim of up to £300 to £346 for a claim of more than £3,000. It is £619 on the fast track and £1,334 on the intermediate track or multi-track.
Why the size of the debt changes the calculation
On the small claims track each side generally pays for its own lawyers, win or lose, so a business that instructs a solicitor bears that cost even if it wins in full. The procedure reflects that: hearings are informal, the strict rules of evidence do not apply (rule 27.8), and a company may be represented by any of its officers or employees (Practice Direction 27A). On the fast and intermediate tracks the loser pays a fixed sum, and if the winner's actual bill is higher, the winner bears the difference.
Where the court has a discretion over costs, it has regard to the parties' conduct, including how far they followed the pre-action rules (rule 44.2(4) and (5)): see what to do before suing.
What a solicitor will want from you
- The total owed, split into the invoice sums, interest and any late-payment compensation claimed.
- How much, if anything, the customer admits owing, and what they dispute.
- Any complaint or counterclaim the customer has raised, and the amount they put on it.
- The contract or terms of business, in particular any clause about interest or recovery costs.
- Your letter before action and any reply.
- What you know about the customer's ability to pay.
This guide is general information about the law of England and Wales. It is not legal advice. Track limits, fixed costs and court fees change, and the track a claim is allocated to depends on its facts as well as its value.
Frequently asked
Can I recover my solicitor's fees on the small claims track?
Generally not. Rule 27.14 of the Civil Procedure Rules stops the court ordering one party to pay the other's legal costs on the small claims track, apart from a short list that includes court fees, fixed costs for issuing the claim, limited expenses, and further costs where a party has behaved unreasonably. A contract term giving a right to recovery costs is treated differently, as the guide explains.
What is the small claims limit for an unpaid invoice?
The small claims track is the normal track for a claim with a value of not more than £10,000. The court assesses that value itself, leaving out interest, costs and any amount that is not in dispute, and it also looks at other factors such as how complex the case is.
How much is the court fee to start a debt claim?
At the time of writing (October 2026) the fee runs from £35 for a claim of up to £300 to £455 for a claim of more than £5,000 but no more than £10,000. Above £10,000 it is 5% of the value of the claim, up to a claim of £200,000, and £10,000 for anything larger. The fee is based on the amount claimed plus interest.
Does the track matter if the customer does not defend the claim?
No. A claim is only allocated to a track if a defence is filed. If the customer does not respond, or admits the debt, the claim can end in a judgment without ever being given a track.