A defence has been filed. The court now needs to decide how your case should proceed — which track it belongs on, whether mediation should be attempted, when the hearing should take place, and what evidence each side intends to rely on.
For cases heading to the small claims track, the court sends Form N180 — the Directions Questionnaire for Small Claims. This is the simpler cousin of the N181 directions questionnaire used for fast track and multi-track cases. It is shorter, less detailed, and designed for litigants in person to complete without legal help.
But “simpler” does not mean “unimportant.” If you do not return N180 by the deadline, your case can be struck out. And since May 2024, the form triggers a significant change: mandatory mediation for money claims under £10,000 through the Small Claims Mediation Service.
Download Form N180
Form N180 (Directions Questionnaire — Small Claims Track) is available from HMCTS:
- Download Form N180 from GOV.UK — Directions Questionnaire for Small Claims Track (PDF)
What Is the Small Claims Track?
The small claims track is the simplest and least formal of the court’s case management tracks. It is designed for straightforward disputes of modest value, and the rules are deliberately relaxed to make the process accessible to people representing themselves.
Financial Limits
| Type of Claim | Small Claims Track Limit |
|---|---|
| General claims (debt, contract, goods/services) | Up to £10,000 |
| Personal injury (non-RTA) | Claim up to £10,000, but pain/suffering damages must be £1,000 or less |
| Personal injury (road traffic accidents) | Claim up to £10,000, but pain/suffering damages must be £5,000 or less |
| Housing disrepair (tenant claiming repairs + damages) | Repair costs £1,000 or less AND other damages £1,000 or less |
| Harassment / unlawful eviction | Never allocated to small claims — regardless of value |
Key Features of the Small Claims Track
- No general costs recovery — the losing party is not normally ordered to pay the winning party’s legal costs. Only court fees, witness travel expenses (capped), loss of earnings (max £95/day per witness), and expert fees (max £750) are recoverable
- Informal hearing — usually held in the District Judge’s room, not a formal courtroom. The judge has flexibility about procedure and may limit cross-examination
- Limited disclosure — standard disclosure rules do not apply. You only need to share documents you intend to rely on at the hearing
- No formal witness statements required — witnesses give evidence informally at the hearing
- Paper determination available — if both parties agree, the judge can decide the case on paper without a hearing
- Free mediation — the Small Claims Mediation Service provides a free telephone mediation session (now mandatory for money claims under £10,000)
When Is N180 Sent?
The court sends Form N180 after a defence is filed. The sequence is:
- You issue your claim (via OCMC or the county court)
- The defendant files a defence
- The court provisionally decides that the small claims track is appropriate
- The court sends a Notice of Proposed Allocation (Form N149A) to both parties, enclosing Form N180
- Both parties must complete and return N180 by the deadline stated in the notice
The Deadline
The deadline for returning N180 is stated on the Notice of Proposed Allocation (Form N149A). It is typically 14 days from the date of the notice.
If you do not return it by the deadline:
- Your statement of case may be struck out — for defendants, this means your defence is removed and judgment can be entered against you; for claimants, your claim may be dismissed
- The court may allocate the case without your input — you lose the ability to influence track allocation, hearing venue, mediation preferences, and hearing dates
The Court Fee
There is no court fee for filing Form N180. The directions questionnaire is filed free of charge.
Step-by-Step: How to Complete Form N180
Section A: Settlement and Mediation
This section asks whether you will try to settle your case through mediation. Since May 2024, this is no longer a polite suggestion — it is a requirement.
Under Practice Direction 51ZE (the Small Claims Track Automatic Referral to Mediation Pilot, running from 22 May 2024 to 21 May 2026), all money-only claims under £10,000 allocated to the small claims track are automatically referred to the Small Claims Mediation Service (SCMS).
Key points about mandatory mediation:
- Attendance is compulsory — you must attend the mediation appointment
- Settlement is voluntary — you cannot be forced to agree to anything. But you must participate in good faith
- The mediation is free — provided by court-employed mediators
- It is conducted by telephone — typically a one-hour session where the mediator “shuttles” between the parties (no direct party-to-party contact)
- Sanctions for non-attendance — the judge may order you to pay costs (departing from the normal no-costs rule), or find that you have behaved unreasonably under CPR 27.14
Always tick “yes” to mediation. Even if you are confident in your case, refusing mediation without good reason invites sanctions. The court expects you to try.
The mandatory mediation pilot excludes road traffic accident claims and personal injury claims.
Section B: Contact Details
Provide your name, address, telephone number, and email address. These details are essential because the Small Claims Mediation Service will use them to contact you to arrange your mediation appointment. If the SCMS cannot reach you, your appointment may not take place — potentially triggering sanctions.
Section C: Track Allocation
The form asks whether you agree with the court’s proposed allocation to the small claims track. In most cases, tick “Yes”.
The small claims track protects you from significant costs liability. If you lose on the small claims track, you will not normally be ordered to pay the other side’s legal costs. Moving to the fast track removes that protection — so think carefully before requesting a different track.
Reasons you might disagree with small claims allocation:
- The claim is worth more than the small claims limit when properly valued
- The case involves complex issues of law that are unsuitable for the informal small claims procedure
- There is a significant counterclaim that pushes the total above the threshold
Section D: Paper Determination
The form asks whether you consider the case suitable for determination without a hearing — a paper determination where the judge decides based on documents alone.
Both parties must agree for a paper determination (CPR 27.10). If you tick “No,” a hearing will be listed. Hearings allow the judge to ask clarifying questions and assess witness credibility — which is usually an advantage if the facts are disputed.
Section E: Mediation Contact Details
Provide your contact details specifically for the Small Claims Mediation Service. The SCMS will use these to arrange your mediation appointment within approximately 28 days of referral.
Section F: About the Hearing
F1: Court Location
State which County Court hearing centre you prefer and why. For defendants, the default is usually the court nearest your home or business address. You can request a specific court, but there is no guarantee of transfer.
F2: Expert Evidence
State whether you are asking for the court’s permission to use expert evidence. The court must grant permission before you can rely on any expert report. If you need an expert:
- Name the expert (if known)
- State their area of expertise
- State the likely cost
The maximum recoverable expert fee on the small claims track is £750. Many small claims do not require expert evidence at all — only request it if it is genuinely necessary to prove your case.
F3: Witnesses
State how many people will attend the hearing, including yourself. If you are giving evidence, count yourself as one witness. Add any other witnesses who will attend.
Avoid calling multiple witnesses to give identical evidence. The court can limit witness numbers, and the costs of calling witnesses (travel, loss of earnings) are your responsibility.
F4: Dates to Avoid
List any dates in the next six months when you or your witnesses are unavailable — holidays, business travel, medical appointments, examinations, or other commitments. If you do not list unavailable dates, the court may fix a hearing when you cannot attend.
Also state:
- Whether you need an interpreter (and for which language)
- Any special requirements — disability access, hearing loop, other adjustments
Section G: Other Information
Any additional information the court should know. This might include:
- Whether you are a vulnerable party requiring adjustments or support
- Whether you wish to give evidence in Welsh (for cases in Welsh courts)
- Any other relevant circumstances
Signature
Sign and date the form. Return the original to the court at the address on Form N149A, and send a copy to every other party in the case.
What Happens After You File N180
Step 1: Automatic Referral to Mediation
For money claims under £10,000, the claim is automatically referred to the Small Claims Mediation Service. A court-employed mediator contacts both parties to arrange a free one-hour telephone mediation session, usually within 28 days of referral.
Step 2: Mediation Outcome
- If mediation succeeds — the settlement is formalised in a legally binding agreement. Proceedings are stayed. Either party can seek judgment for unpaid amounts under the settlement terms
- If mediation fails — the case proceeds to allocation and a hearing is listed
Step 3: Allocation and Directions
The court allocates the claim to the small claims track and issues a Notice of Allocation containing:
- Confirmation of small claims track allocation
- Standard directions — typically requiring each party to file and serve copies of all documents they intend to rely on at least 14 days before the hearing
- A hearing date (at least 21 days’ notice)
- The estimated hearing length (usually 2-3 hours maximum)
- Whether permission for expert evidence has been granted
Step 4: Document Exchange
At least 14 days before the hearing, each party must file and serve copies of all documents on which they intend to rely. Bring the originals to the hearing.
Step 5: The Hearing
The hearing is usually informal — held in the District Judge’s room rather than a formal courtroom. The judge has flexibility about procedure and may limit cross-examination. The strict rules of evidence do not apply in the same way as on higher tracks.
Mandatory Mediation — The May 2024 Change
The mandatory mediation requirement is the most significant recent change to small claims procedure. It has two foundations:
Churchill v Merthyr Tydfil [2023] EWCA Civ 1416
In November 2023, the Court of Appeal overturned the long-standing position from Halsey v Milton Keynes General NHS Trust [2004] that courts could not compel parties to mediate. The court held that courts can lawfully order parties to engage in non-court-based dispute resolution, provided it does not impair the right to a fair trial under Article 6 of the European Convention on Human Rights.
Practice Direction 51ZE — The Mandatory Mediation Pilot
Following Churchill, Practice Direction 51ZE launched on 22 May 2024, running until 21 May 2026. It applies to money-only claims under £10,000 allocated to the small claims track (excluding RTA and personal injury claims). From 5 November 2024, the pilot was extended to claims issued through OCMC.
The pilot makes mediation attendance mandatory. You must attend. You do not have to settle — but you must participate. The Government estimated an additional 20,000 cases per year could settle through mediation, freeing approximately 5,000 judicial sitting days annually.
Sanctions for Non-Attendance
- The judge ordering you to pay costs — departing from the normal no-costs rule
- Being found to have behaved unreasonably under CPR 27.14(2)(g)
- The judge potentially ruling in favour of the other party
Note: rejecting a settlement offer during mediation does not by itself constitute unreasonable behaviour (CPR 27.14(3)). You are free to reject offers — you just cannot refuse to attend.
N180 vs N181: What Is the Difference?
| Feature | N180 (Small Claims) | N181 (Fast / Multi-Track) |
|---|---|---|
| Track | Small claims (up to £10,000) | Fast (£10k-£25k), Intermediate (£25k-£100k), Multi (£100k+) |
| Return deadline | Usually 14 days | Usually 28 days |
| Mediation | Mandatory SCMS (money claims under £10,000) | ADR encouraged, option to request stay |
| Disclosure | Not addressed (standard disclosure does not apply) | Detailed disclosure questions |
| Expert evidence | Brief question; max £750 recoverable | Detailed expert evidence section |
| Trial time estimate | Not required (hearings usually 2-3 hours) | Required — parties must estimate trial length |
| Costs if you lose | Limited — court fees and fixed amounts only | Full costs recovery possible (multi-track) |
| Hearing format | Informal, in judge’s room | Formal courtroom trial |
Common Mistakes
- Missing the deadline — the most consequential error. Your case can be struck out or allocated without your input
- Not ticking “yes” to mediation — refusing mediation without good reason invites sanctions. Always agree to mediation on the form
- Failing to provide mediation contact details — if the SCMS cannot reach you, your appointment may not take place, potentially triggering sanctions
- Forgetting to count yourself as a witness — Section F3 asks how many people will attend the hearing. Always include yourself in the total
- Not listing dates to avoid — if you do not list unavailable dates, the court may set a hearing when you cannot attend
- Requesting fast track without understanding the costs implications — moving off the small claims track removes your protection from adverse costs orders. If you lose on the fast track, you may have to pay the other side’s legal costs
- Requesting expert evidence without justification — the court will refuse permission if you cannot explain why expert evidence is needed and what area of expertise is required. Many small claims do not need experts
- Failing to serve a copy on the other party — you must return the original to the court AND send a copy to every other party in the case
- Leaving sections blank — incomplete forms cause delays. If a section does not apply, write “N/A” rather than leaving it empty
Frequently Asked Questions
Is there a court fee for filing the directions questionnaire?
No. Filing Form N180 is free. The only fees in the small claims process are the initial court issue fee (paid when you filed the claim) and any hearing fee payable later if the case proceeds to a hearing.
Do I have to attend mediation?
Yes — if your case is a money claim under £10,000 issued on or after 22 May 2024. The mandatory mediation pilot (PD 51ZE) requires attendance at a free telephone mediation session arranged by the Small Claims Mediation Service. You do not have to settle, but you must attend. Non-attendance can result in costs sanctions.
What happens if mediation fails?
If mediation does not result in a settlement, the case proceeds to a hearing in the normal way. The court allocates the case to the small claims track, gives standard directions, and lists a hearing date. The fact that mediation failed does not count against you at the hearing.
Can the judge decide my case without a hearing?
Yes — but only if both parties agree to a paper determination (CPR 27.10). The judge decides on the documents alone. If either party wants a hearing, a hearing will be listed. Hearings allow the judge to assess credibility and ask questions, which is usually advantageous if the facts are disputed.
What documents do I need to prepare for the hearing?
At least 14 days before the hearing, file and serve copies of all documents you intend to rely on — contracts, invoices, emails, text messages, photographs, receipts, bank statements. Bring the originals to the hearing. Organise everything by date so the judge can follow the story.
Can I recover my legal costs if I win?
On the small claims track, costs recovery is very limited. You can recover: court fees paid, witness travel expenses, witness loss of earnings (max £95/day), and expert fees (max £750). You cannot normally recover solicitor’s fees or your own time. This is one of the key protections of the small claims track — it limits the financial risk of losing.
What if I think my case is worth more than £10,000?
If your claim is genuinely worth more than £10,000, explain this in Section C and request allocation to the fast track. But understand the consequences: on the fast track, you may be ordered to pay the other side’s costs if you lose. The court will consider whether the financial risk is proportionate to the claim value.
Key Points to Remember
- N180 is the small claims directions questionnaire — sent after a defence is filed, it gathers information for track allocation and hearing preparation.
- Return it within 14 days — failure to file can result in your case being struck out.
- Mediation is now mandatory for money claims under £10,000. Attend the free SCMS telephone session or face sanctions.
- Always agree to mediation — ticking “no” without good reason invites costs penalties even if you win.
- The small claims track protects you from costs — think carefully before requesting a different track.
- Include yourself in the witness count — if you are giving evidence, you are a witness.
- No court fee for filing N180 — the directions questionnaire is free.
Related Guides
- Form N181: Directions Questionnaire (Fast Track and Multi-Track)
- Form N170: Pre-Trial Checklist (Listing Questionnaire)
- OCMC: How to Start a Money Claim Online
- Form N225: How to Apply for Default Judgment
- How to Enforce a County Court Judgment
- Form EX160: Help with Court Fees (Fee Remission)
Get Help With Your Small Claim
The directions questionnaire shapes how your case will be managed from defence to hearing. Chris can help you complete the form, prepare your documents, and guide you through the small claims process from start to finish.
From £3. Small claims guidance from filing to the courtroom door.
This guide was last updated in February 2026 and reflects the law and procedure in England and Wales. Court fees and procedures can change — always verify current information on the HMCTS website. Contains public sector information licensed under the Open Government Licence v3.0.