Small claims hearing day — what actually happens
The short answer: a small claims hearing is informal, usually 30 minutes to 2 hours, in a courtroom with a District Judge, the builder (or their rep) and you. No wigs, no cross-examination theatre. You present your evidence, they present theirs, the judge decides — often the same day. Preparation beats advocacy.
REVIEWED BY: Sean McNamara on 2026-09-03
Before the day
- Directions compliance: the court will have ordered witness statements and document exchange by dates. Meet every deadline — late evidence may be excluded.
- The bundle: three identical copies, paginated, indexed: contract, payments, photos, messages, schedule of loss, your witness statement, the letter before action and proof of posting.
- Logistics: arrive 45 minutes early; find the courtroom; tell the usher who you are. Check the court's listing and plan a generous journey margin. Ask about parking and access in advance — many court buildings have none.
- Ask about remote/telephone hearing options if attending is genuinely difficult — courts accommodate where reasonable.
The 30 minutes before
- The judge (or a legal adviser) often asks if the parties have talked — and will offer or note HMCTS free mediation if not yet tried. Have your bottom line ready.
- Court buildings have airport-style security: allow time, bring ID, minimal metal.
In the hearing — the usual running order
1. The judge checks identities and asks each side to confirm the claim and defence in a few sentences. 2. Your turn: walk through your case in order — contract → payments → defects (photos on screen or printed) → the schedule of loss. Speak to the judge, not at the builder. 3. Their turn: same for the defence/counterclaim. 4. Questions: the judge will ask both sides pointed questions — this is the examination. Answer factually; "I don't know, but the photo shows…" is a good answer. 5. Decision: many small claims decisions are given orally at the end, with reasons. Some are reserved (sent later in writing). 6. Costs: small claims costs are limited (fixed amounts for issuing etc.); if you win, the builder pays the fee you claimable costs; you usually bear your own time.
How to behave (it matters)
- Take notes; never interrupt. Address the judge as "Sir/Madam" (or follow the usher's guidance).
- If the builder says something false, write it down and raise it calmly when the judge invites your reply — "The defendant says the variation was agreed on 12 May; my message of 12 May, page C4, says otherwise."
- Lose gracefully if you lose: ask the judge to confirm what was ordered and by when. Appeals are rare and narrow (law/procedure errors, not "I disagree").
If you win — getting paid
The judgment orders payment by a date. If it doesn't come: enforcement (warrant of control, attachment of earnings, third-party debt order) — see GOV.UK enforcement guidance and the money-back route map.
This page is general information, not legal advice. Verified 2026-09-03.
Preparing a claim? EvidenceCanvas (Casewright) helps you organise your evidence and draft pre-action documents for the small claims track. It is not a law firm and does not give legal advice.
Reviewed by Sean McNamara · 2026-09-03 · Independent information directory — not legal advice.