Recovering fees in a small claim

If you win a small debt claim, you can recover your court fees from the defendant. But solicitor fees? Almost certainly not. Here's how costs recovery actually works in the small claims track.

Court fees: recoverable

Court fees, what you pay the court to process your claim, are recoverable if you win. That includes:

• The issue fee (£35–£455 depending on claim value)
• The hearing fee (if your case goes to trial)

For a full breakdown, see our guide on understanding costs in small claims.

Solicitor fees: not recoverable

This is the key rule that catches people out. Under CPR Part 27, you cannot recover the cost of legal representation in the small claims track. If you spend £2,000 on a solicitor to recover a £3,000 debt, that £2,000 comes out of your own pocket, win or lose.

This is by design. The small claims track is meant for litigants in person, and the rules deliberately prevent costs from spiralling.

Fixed costs: the exception

CPR Part 45 allows recovery of capped "fixed costs" for specific stages of the claim, filing, service, and certain other steps. These are small amounts designed to cover administrative costs, not full legal fees.

In rare cases, a judge may award costs beyond the fixed regime, typically where one party has behaved unreasonably and caused unnecessary litigation. But don't count on this.

Why this matters for Garfield

Most of Garfield's fees fall within the recoverable fixed costs limits in CPR Part 45. If you win your case and the defendant pays, you should recover the majority of what you paid Garfield — something that isn't true of traditional solicitors whose fees far exceed the fixed costs caps.

As an SRA-regulated legal service, Garfield meets the same professional standards as a traditional law firm, but at fees designed to sit within the recoverable range. See our pricing for details on which fees are and aren't recoverable.