If you’re a business owner or an individual waiting for a payment of up to £10,000, you’ve likely noticed that the legal wheels turn a little differently in 2026. The system is faster in some ways—thanks to digital filing—but more public and prone to backlogs in others.
Here are the three critical things you need to know about the current state of the Small Claims Court in England and Wales.
The “Open Justice” Revolution
A major shift in 2026 is the push for “Open Justice.” New pilot schemes have made court documents more accessible to the public and the media.
Although the current pilot scheme relates only to claims in the higher court processes, it is likely a sign of things to come in the future. As technologies improve, it will be easier for the courts to make copy documents available to people who are not party to a dispute.
It is always best practice to make sure that documents filed at court, are clear, concise, and free of emotive language. Always remember that the document is likely to be considered by the Judge at trial.
Speed Is An Asset
As of February 2026, latest HMCTS data shows that while digital filing is the norm, the average wait time for a small claims hearing is still hovering around 50 weeks.
If need a judge to decide your case, you might be waiting a year to reach trial. The earlier you get the ball rolling, the sooner you will get to trial.
The time the process can take, makes your Letter Before Action (LBA) more important than ever. A well-drafted LBA doesn’t just “threaten” court; it can result in payment now, rather than a year down the line.
Digital First
The Online Civil Money Claims (OCMC) system is no longer the alternative – it is the standard. The court system is doing all it can to get people to use the online issuing function, as it is computer processed and requires less manual involvement.
It is also the norm, even in claims started by paper, for documents to be filed by email during the life of the claim. With this in mind, ensure you have all your evidence (invoices, emails, contracts) in PDF format from day one.
We Can Help
At Small Claims Court Genie, we break down the jargon and give you the step-by-step tools to master the English court system.
