Courts and Disputes
Legal costs and who pays them
Summary
Understand legal costs in small claims and fast track cases. Learn who pays the winner's costs, how to claim your expenses, how to minimise costs, and the risk of paying the other side’s costs. The information in this guide applies to England and Wales. 1 Getting started 2 What are legal costs? 3 Legal costs in small claims 4 Legal costs for all fast track claims that started after 1st October 2023 5 Legal costs for fast-track claims that started before 1st October 2023 6 Legal costs for fast-track claims about personal injury where the injury was caused before 1st October 2023 7 What are legal expenses? 8 FAQs and Top tips 9 What does it mean? 10 About this guide * Fast track claims: * Be aware that if you lose a fast-track claim and the other side has a solicitor, you may have to pay some or all of their legal costs. * If you are representing yourself, you can claim legal costs for the time you spent preparing the case. Keep careful records of your time spent on the case as you go along. * Small claims: * If you lose, you are unlikely to have to pay the other side’s legal costs (unless the court believes you have behaved unreasonably). * If you win, you are unlikely to get your.
Key information
- •Be aware that if you lose a fast-track claim and the other side has a solicitor, you may have to pay some or all of their legal costs.
- •If you are representing yourself, you can claim legal costs for the time you spent preparing the case. Keep careful records of your time spent on the case as you go along.
- •If you lose, you are unlikely to have to pay the other side’s legal costs (unless the court believes you have behaved unreasonably).
- •If you win, you are unlikely to get your legal costs paid for by the other side.
- •Remember the more work your solicitor does (if you have one), the more you will have to pay them.
- •Keep legal costs down by doing most of the work yourself, and using any solicitor’s time effectively.
- •Keep records and receipts of your expenses associated with the case. You can claim these back if you win.
- •What the difference is between legal fees and court costs.
- •How legal costs can build up.
- •What happens with costs in a small claims court or fast track claim.
- •What Fixed Recoverable Costs are.
- •How to minimise your costs.
Practical guidance
- •Source: [Legal costs and who pays them](https://www.advicenow.org.uk/get-help/going-court/small-claims-and-civil-court/legal-costs-and-who-pays-them)
Related topics
Sources
- Advicenow — [Legal costs and who pays them](https://www.advicenow.org.uk/get-help/going-court/small-claims-and-civil-court/legal-costs-and-who-pays-them) — `raw/advicenow/going-court-small-claims-and-civil-court-legal-costs-and-who-pays-them.md`
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.
