Justice for sale? How a £40 claim became a £5,000 bill in Britain’s broken Small Claims Court
Michael Leidig
- Published
- Opinion & Analysis

Once a refuge for ordinary citizens seeking swift, affordable justice, has the Small Claims Court become a legal maze that punishes those it was meant to protect? For journalist Michael Leidig, a £40 claim for an unpaid photograph spiralled into a year-long ordeal and a £5,000 costs order — proof, he says, that a system designed for fairness now serves only those who can afford to navigate it
The Small Claims Court was once a quiet triumph of British common sense. It existed so that ordinary people and small businesses could recover modest sums without being buried in legal costs or procedure. You didn’t need a solicitor, and the judge was meant to guide both sides through a short, plain-English hearing that could be done in an afternoon.
That was the theory.
In practice, the system that was created to protect the public has become almost impossible for them to use. I learned that the hard way after filing what should have been a straightforward £40 claim for an unpaid photo supplied to a national newspaper.
The claim was tiny — the price normally paid for a single photograph. Our not-for-profit newsroom had provided the picture in good faith and it was published, but no payment followed. When reminders failed, I turned to the Small Claims Court, believing it would be a quick and affordable way to settle the matter.
Instead, it became a year-long marathon of filings, strike-outs, and procedural traps. By the time it reached a hearing in September 2025, the newspaper had instructed one of London’s leading media-law firms. What should have been a half-hour conversation turned into a three-hour video hearing dominated by legal argument.
The opposing barrister spoke for long uninterrupted stretches, sometimes twenty minutes at a time, citing case law and procedure. When I asked for clarification, the judge invited her to explain the rules, effectively giving her the floor to restate her case. My own evidence, including proof that the image had been supplied and published, was never properly examined. I was repeatedly forced to limit my input to narrow legal points. Every attempt to challenge the factual narrative was deferred until “later.” Later never came.
At the end of the session, the judge ruled that my not-for-profit company had been the wrong party to bring the case, and that my pleadings did not state a formal “cause of action.” The claim was struck out. Then came the real surprise: a £5,000 order for costs.
For anyone familiar with the small-claims track, that number should be astonishing. The entire system is built on the idea that each side bears its own costs except in cases of misconduct. Even court staff had told me beforehand that large cost awards were “almost unheard of.”
Documents disclosed later showed the defendant’s solicitors had prepared cost schedules exceeding £30,000 for the single image and an additional two images and one video that I later added, before offering to “settle” for £5,000 on the first image. That is 125 times the value of the claim itself — a sum large enough to deter most claimants from ever filing in the first place.
What made the outcome harder to accept was that the defence’s version of events, including incorrect claims I filed 100 pages of evidence after the deadline, went unchallenged. Because of the procedural focus, I was never given the chance to explain my side in full. The judge even acknowledged during the hearing that he had not had time to read the full bundle of evidence I had spent months gathering and collating, and that his copy of that evidence was out of date anyway, and therefore impossible to use as it had the wrong page numbers. He ended up scrolling through it on a mobile phone to the points the other side’s barrister directed him.
The imbalance was not about bias or ill will — the judge was courteous and clearly learned — but about a process that now demands professional fluency few lay claimants can match. The hearing that was meant to protect those without lawyers had turned into one where only lawyers could keep up.
The Small Claims Court was introduced in 1973 so people could recover modest debts without risking bankruptcy. Half a century later, it is drifting toward the opposite: a system where a £40 dispute can trigger five-figure legal costs and months of paperwork.
For individuals, freelancers, and small organisations, the risk is clear. Few can afford to gamble on justice when losing could cost thousands. The effect is not resolution but deterrence — a quiet but powerful way of locking ordinary claimants out of the courts altogether.
My appeal against the cost order is now filed, not because I expect to win, but to document what happened. The record needs to show how far the Small Claims Court has moved from its founding purpose. This is not about journalism, or even about one photograph. It is about whether access to justice still means what it used to. A court system that makes it economically irrational to claim what you are owed is not delivering justice at all.
When a process designed for plumbers, shopkeepers, and freelancers ends up rewarding whoever can afford the most expensive lawyers, something fundamental has gone wrong. The Small Claims Court was meant to be the one place where an ordinary citizen could stand opposite a major corporation and still be heard. Today that balance no longer exists — and unless it is restored, the phrase “small claim” will soon be a contradiction in terms.

Michael Leidig is a British journalist based in Austria. He was the editor of Austria Today, and the founder or cofounder of Central European News (CEN), Journalism Without Borders, the media regulator QC, and the freelance journalism initiative the Fourth Estate Alliance respectively. He is the vice chairman for the National Association of Press Agencies and the owner of NewsX. Mike also provided a series of investigations that won the Paul Foot Award in 2006.
READ MORE: ‘Consumer rights and wrongs in a digital age: why the law no longer protects the public‘. Opaque pricing, exploitative subscriptions and AI-driven sales tactics have transformed the customer experience into a battleground of rights and redress – yet the law has failed to keep pace. A comprehensive overhaul is needed to protect consumers and restore accountability across the digital economy, writes barrister Dr Raj Joshi.
Do you have news to share or expertise to contribute? The European welcomes insights from business leaders and sector specialists. Get in touch with our editorial team to find out more.
TOP STORIES
-
North Korean agents are infiltrating Western businesses by posing as employees, security chief warns -
Route 66 turns 100 next month – and there’s never been a better excuse for Europeans to hit the road -
Serbia erupts in celebration as student protesters end Vučić’s 14-year grip on power -
Two killed as Storm Boelo batters Britain with 85mph winds and leaves 90,000 homes without power -
Man arrested on suspicion of arson after fire destroys Hitler’s Eagle’s Nest retreat -
Britain faces higher winter energy prices as reliance on European electricity imports grows -
Andy Burnham to make special Gogglebox appearance for Stand Up To Cancer -
WPSL Golf targets £120 million valuation as billionaire-backed corporate deals and other commercial deals drive explosive global growth -
Hackers could bring Britain’s essential services to a standstill, security chief warns after global website shutdowns -
We’re talking to almost twice as many people on the phone as a decade ago, study finds -
TalkTalk sells majority stake in Telecom Acquisitions as founder Nigel Barnett regains control -
Company closures soar ahead of tax rises as new Budget looms -
An Italian affair – Stanley Johnson takes London’s society set on the Silk Road -
Himalayan mountainside moved 40cm before avalanche killed 1,451 in Nepal, scientists reveal -
Scientists and engineers quitting jobs as AI changes roles ‘beyond recognition’, study finds -
UK profit warnings hit near two-year high as businesses struggle with rising costs -
Microsoft pulls out of major UK AI data centre project amid power grid delays -
Russia takes control of more European corporate assets amid Ukraine tensions -
EU leaders resist calls to delay carbon rules as energy costs soar -
‘A big step forward’ – PM Andy Burnham hails plans for Great British Railways HQ in Derby -
UK economy grows just 0.1 per cent as construction falls and services stall -
Germany risks losing €155bn a year under tighter AI data rules, new study warns -
Pope Leo XIV diagnosed with lung cancer after surgery in Rome -
France faces freezer meltdown as hackers strike supermarket chains -
Bumble shares soar 50% amid $1bn takeover talks
Justice for sale? How a £40 claim became a £5,000 bill in Britain’s broken Small Claims Court
Michael Leidig
- Published
- Opinion & Analysis

TOP STORIES
-
AI disaster warning as Britain urged to act before failures spiral out of control -
Putting a full stop to Brits’ bad grammar -
A close shave with evolution – why humans are so hung up on hair -
Can democracy survive the digital age? -
Drowning costs the UK nearly £1 billion a year so why aren’t we doing more to prevent it? -
The David Attenborough of the 1600s who warned Britain was destroying its natural world -
Britain should have a Ministry of Peace -
A Thai queen’s solo jet flight shatters the male macho pilot stereotype -
Barclays offers a golden lesson in how not to handle a return-to-office mandate -
Rethink AI governance or risk an uncontrolled intelligence explosion -
Young people are living through a rights crisis -
Strong leaders know when to make a U-turn -
Life’s last expedition should not be made alone -
If the NHS can’t be a place of psychological safety for staff, where can? -
Under fire, Iran’s carpet weavers fight to keep an ancient art alive -
How COVID silenced my music and taught me to listen to my body -
Marisa Papen – the naked truth behind one of the world's most controversial models -
The blame game – why Britain can't stand losing -
As hospitals shut out fresh air, common sense goes out the window -
The law must catch up with the sexual exploitation risks posed by wearable cameras -
Who governs 900 billion AI agents? -
Why disabled musicians are still struggling to get a fair hearing from record labels -
The five types of masculinity and what they reveal about modern men -
Who let the bots out? The disturbing truth behind rogue AI -
Palm oil steals a march on rivals ahead of new EU food safety rules




















































