Guidance

Guide to the Intellectual Property Enterprise Court Small Claims Track

Updated 12 August 2025

Applies to England and Wales

Introduction

This guide applies to the Small Claims Track (sometimes referred to as the SCT) within the Intellectual Property Enterprise Court (IPEC). This guide aims to help users and potential users of the IPEC Small Claims Track by giving practical tips and explaining:

• how to decide if the IPEC Small Claims Track is suitable for a claim
• what to do before issuing a claim
• the procedure for claims in the IPEC Small Claims Track
• what to expect in your dealings with the court
• how to contact the IPEC Small Claims Track

For reference, view a list of common legal terms and their definitions in IPEC proceedings.

About the IPEC and the Small Claims Track

The IPEC is a simplified and cost-effective court that hears lower value and less complex intellectual property claims than the High Court of England and Wales. Cases in the IPEC are allocated either to the multi-track or to the Small Claims Track. Find out more about the IPEC multi-track. How this is decided is explained later in this guide.  A claimant should say if they would like to use the Small Claims Track when they issue a claim (start formal legal proceedings).

The IPEC Small Claims Track has simpler procedures that allow straightforward intellectual property claims, usually with a value of under £10,000, to be decided without:

• the need for parties to be legally represented
• as much pre-hearing preparation
• the formalities of a traditional trial
• the parties putting themselves at risk of anything but very limited costs

IPEC Small Claims Track cases are heard by full time district judges or by part time (deputy) district judges. IPEC multi-track cases are heard by enterprise judges or deputy IPEC judges.

How to decide if a claim is suitable for the IPEC Small Claims Track

Whether a claim is suitable for the IPEC SCT depends mainly on:

• the type of intellectual property rights involved in the claim
• the value of the claim
• what you want to achieve from your claim

The types of intellectual property rights involved in the claim

A claim may concern these rights in various ways. For example, it may be to complain about unauthorised use of these rights, licensing of these rights, and/or whether the rights are valid. The IPEC Small Claims Track is only suitable for claims that relate to:

• copyright
• UK registered trade marks, including comparable UK trade marks
• passing off
• UK unregistered design rights, including continuing unregistered designs (CUDs) and supplementary unregistered designs (SUDs)
• malicious falsehood claims (but not defamation)

The IPEC Small Claims Track cannot be used for claims relating to certain other intellectual property or other rights, including:

• patents
• registered designs
• plant varieties
• defamation

For more information about what types of claims can and cannot be brought on the IPEC Small Claims Track, see Civil Procedure Rule (CPR) 63.2(1) and Practice Direction 63A paragraph 16.1.

If a claim is not suitable for the IPEC Small Claims Track because of the type of intellectual property right it relates to, you may want to consider if it is suitable for the IPEC multi-track, the Patents Court or the Intellectual Property List of the High Court instead. The General IPEC Guide and the Patents Court Guide may help you in reaching this decision.

If your claim does not concern intellectual property rights it might be suitable for the High Court or county court. Note that claims concerning intellectual property must be started in the specialist courts, such as the IPEC. If you start them in the ordinary courts they may be struck out or transferred to the specialist courts with resulting delays and costs consequences.

A claim relating to a type of intellectual property right which is suitable for the IPEC Small Claims Track must also fit within the value limits of the Small Claims Track, as set out below. 

Value limits

The IPEC Small Claims Track is only suitable for claims where the amount in dispute (not including costs) is £10,000 or less. If the claim has a value of more than £10,000, it is unlikely to be suitable for hearing in the Small Claims Track, unless the court orders otherwise.

The IPEC multi-track is suitable for claims with a value above £10,000 but not exceeding £500,000. Claims above this value are usually suitable for the Patents Court.

Before bringing a claim in the IPEC Small Claims Track, claimants should also make sure that each of the outcomes and orders they seek can be awarded by the court. More information on this is set out below.

Outcomes (known as remedies)

The IPEC Small Claims Track is suitable for claims where the outcomes and orders being sought are:

• financial compensation (money) for infringement (known as damages)
• details and payment of the defendant’s gain from the infringement (known as an account of profits)
• delivery up (handing over) or destruction of infringing items
• a final injunction to prevent infringement in the future
• a declaration from the court (for example, that the claimant owns certain rights or that a publishing agreement has terminated)

Outcomes ordered before the final hearing of the claim (known as interim remedies), are not available on the IPEC Small Claims Track, these include:

• interim injunctions
• asset freezing orders
• search and seizure orders

A claim which would otherwise be suitable for the IPEC Small Claims Track seeking these outcomes should be made on the IPEC multi-track instead.

What to expect in your dealings with the court

The impartiality of the court

It is a principle of justice that the court must not take sides (remain impartial) between the parties. For this reason, neither the court staff nor the judges can give legal advice to any party and the court may not answer certain queries. For ways that you can get free legal advice and assistance, see Legal representation in the IPEC.

Parties must (see Civil Procedure Rule 39.8) disclose to every other party all communications to the court on matters of substance or procedure – unless the communication is routine, uncontentious or administrative.  That means that anything you send to the court should be copied to all other parties.

In each letter or email to the court, you must say who it has been copied to or the reason why it has not been copied (CPR 39.8). If you do not do this the court will return the communication without considering it, unless ordered otherwise. The court may also impose additional sanctions.

If you are relying on information (for example, medical evidence), it will usually be necessary for that information to be provided to the other parties. Court staff are unable to give guidance on whether a particular communication should be copied to the other parties.

Without prejudice correspondence and privileged material

You should be particularly careful about sending the court material which is ‘without prejudice’ (meaning the content may only be revealed to the court in very limited circumstances, usually when settlement offers are included) or otherwise privileged (any material for which a party has the right to refuse to disclose). If in doubt obtain legal advice before sending such documents.

Settlement offers that have not led to an agreement should not be sent to the court in advance. Instead, bring any correspondence about these offers to the hearing. This allows the district judge at the hearing to discuss with both parties whether they can rely on the offers.

Correspondence with the court

You should help the court proceedings to run smoothly by:

• addressing your correspondence correctly
• including the correct case number on everything you send to court
• not sending duplicate copies of documents to the court, for example by email and post
• seeking orders and directions (a timetable set by the judge) from the court by making an application, copied to the other parties, rather than in correspondence
• seeking advice from legal advisors and sources of free legal advice and support rather than from the court
• looking for the answers to your questions about procedure and practice in the Civil Procedure Rules, this guide, and the General IPEC guide rather than asking the court. Court staff are not allowed to give legal advice

The difference between correspondence and applications

Court staff and judges will not usually  correspond with a party. Correspondence should generally be restricted to administrative queries.

District judges will not comment on decisions or amend orders because of correspondence, except in very limited circumstances (for example, if there is a spelling mistake in an order).

You should not explain your case to the court in correspondence. You should do this formally by particulars of claim or defence and witness statements. If you want the court to make or amend an order, you must issue a formal application using Form N244 and pay the appropriate fee.

Examples where you would need to make an order include:

• asking for a hearing to be adjourned
• asking other parties to take an action in proceedings, such as complying with the court’s timetable of directions
• if you want to challenge a decision that has been made

Most applications are ‘on notice’. This means that once you have issued your application with the court, you have to serve a copy of the application notice and any supporting evidence on the other parties. You should file a certificate of service with the court to confirm how and when you served it.

If you are served with an application by another party, you should write to the court within 5 days of the date of service copying in the other parties.

The court may decide the application without a hearing.

What to do before issuing a claim

Conduct before issuing a claim

Read the Practice Direction on Pre-Action Conduct and Protocols. This encourages parties to communicate with each other to try to resolve their dispute, or parts of their dispute, before going to court. It includes the directions on what parties must do before a claim is issued. 

The court expects that parties will have exchanged enough information so they can meet what are called the objectives, meaning they are able to:

• understand each other’s position
• make informed decisions about how to proceed
• try to settle the issues without going to court
• consider Alternative Dispute Resolution (ADR) to help reach a settlement
• support the smooth running of those proceedings
• reduce the costs of resolving the dispute

Taking legal action should be seen as a last resort and parties should try to resolve the dispute using ADR, where the dispute is resolved without going to court. There are different types of ADR that can be used, including:

• mediation to resolve the issues between the parties
• a third party facilitating a resolution arbitration
• a third party deciding the dispute by early neutral evaluation
• a third party giving an informed opinion on the dispute
• ombudsman schemes

If a party does not respond to an invitation to take part in ADR, or refuses to take part, the court could decide they are being unreasonable and may order that party to pay additional court costs.

Correct use of the Practice Direction

The Practice Direction must not be used as a tactical device to secure an unfair advantage over the other party. Only reasonable and proportionate steps should be taken to identify, narrow and resolve the legal, factual or expert issues. The costs incurred in complying with the Practice Directive should be proportionate. Where parties incur disproportionate costs, those costs will not be recoverable as part of the proceedings.

Steps before issuing a claim at court

The parties should exchange correspondence and information to comply with the objectives, bearing in mind that compliance should be proportionate. The steps will usually include:

1. The claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated.
2. The defendant responding within a reasonable time (14 days in a straightforward case, 3 months for a very complex one). The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim, with details of any counterclaim.
3. The parties disclosing the main documents relevant to the issue in dispute.

If a party chooses not to comply with the Practice Direction on Pre-Action Conduct, this may count against them when the court considers the issue of who pays the costs of the case.

While the court expects parties to follow the pre-action protocol, claimants need to make their own decision on what to say to a prospective defendant when seeing if matters can be resolved before any proceedings are issued. Be aware that in some circumstances you can be subject to legal action if you make unjustified threats to take legal proceedings.

When you are ready to claim – where to find the rules

The Civil Procedure Rules (CPR) govern proceedings in civil courts in England and Wales. These are supplemented by Practice Directions (PD).

CPR Part 63 – Intellectual Property Claims (CPR 63) and Practice Direction 63A – Intellectual Property Claims (PD 63A) set out additional rules that apply only to intellectual property claims. The rules which apply specifically to IPEC Small Claims Track claims are:

• CPR 63.27 and CPR 63.28
• PD 63A, paragraph 32.2
• all other rules and paragraphs referred to in CPR 63.27, CPR 63.28 and paragraph 32.2 of PD 63A
• CPR Part 27, which deals with the small claims in general

Where there is any conflict or confusion between the provisions of this guide and the CPR, you must follow the rules and practices as set out in the CPR.

You can find further useful information in the Guide to the Intellectual Property Enterprise Court, the Patents Court Guide and the Chancery Guide.

The procedure for claims in the IPEC Small Claims Track

Before issuing proceedings

As stated in the What to expect in your dealings with the court section, claimants in the IPEC Small Claims Track should comply with the Practice Direction Pre-Action Conduct and Protocols. Compliance with this Practice Direction is not a requirement but claimants must state in their particulars of claim whether they have complied with paragraph 6 of the Practice Direction Pre-Action Conduct and Protocols (CPR 63.20(2)). It does affect the timing for the service of any defence once a claim has been issued (see Time limits for serving documents).

Issuing a claim

Claimants should issue their claim online using the HMCTS E-Filing service. The guidance on the E-Filing service for citizens and professionals gives instructions on how to do this. The E-Filing service allows the claim form to be issued and the court fee to be paid. It can also be used to submit further documents on the case or to make an application.

If there is a need to issue a paper claim, parties can post their documents to the Manchester Civil Justice Centre (CJC), or there is a drop box on the ground floor in the CJC (reception desk) that they can use if they want to bring their documents in person. There is a High Court counter available, but this is only on an appointment basis and if urgent. The address is:

IPEC (Small Claims)
Business and Property Court
Manchester Civil Justice Centre
1 Bridge Street West
Manchester
M60 9DJ

The claimant should mark the claim form with ‘In the High Court of Justice, Business and Property Courts in Manchester, Intellectual Property List (ChD), Intellectual Property Enterprise Court, Small Claims Track’ in the top right-hand corner.

Court users who have any questions about their claim should contact the Manchester Civil Justice Centre.

Manchester Civil Justice Centre
Email: bpc.manchester@justice.gov.uk
Telephone: 0161 240 5307

Proceedings start once the claim form has been issued. The court will seal the claim form with a court stamp. However, the time for a defendant to file a defence does not start until the claimant serves both a sealed copy of the claim form and the particulars of claim on that defendant. The particulars of claim may be included in the claim form or a separate document. For more information, see Time limits for serving documents.

Allocation and the IPEC Small Claims Track

The claimant must clearly state in their particulars of claim if they request the claim be managed in (allocated to) the IPEC Small Claims Track. The claimant should also add ‘Small Claims Track’ on the front of the claim form. If the claimant does so, the claim will be allocated to the IPEC Small Claims Track unless a defendant objects in its defence or the court considers the IPEC multi-track or Patents Court to be more appropriate.

If the claimant does not opt for the Small Claims Track but the defendant does, or the claimant opts for the Small Claims Track but the defendant objects, the court will send the parties a directions questionnaire. You need to fill in this questionnaire and return it to the court by the date shown on the form. You must also send a copy to the other party within 14 days. After receiving your completed forms, the court will decide whether your case will go to the Small Claims Track or Multi-track.

When considering allocation the court will take into account the following: 

• the value of the claim
• the type of intellectual property rights it relates to
• the likely complexity and the number of parties
• the number of witnesses that may be needed to give oral evidence
• the time the case will take

A claim where both liability (the question of who is legally at fault) and amounts to be paid (known as the quantum) cannot be resolved within one day (including judicial reading time) are usually not suitable for the IPEC Small Claims Track. For example, cases concerned with the validity of trade marks (rather than the infringement of a trade mark) are unlikely to be suitable.

Contents of particulars of claim (and the defence and replies)

The claimant’s particulars of claim, the defendant’s defence and counterclaim (if any) and any replies of the parties are known as the statements of case.

A party’s statement of case must set out briefly and accurately all the facts and arguments that the party wants to rely on, so that the court and all the other parties understand what issues the court is being asked to decide.

The particulars of claim must set out not only the details of the infringement but the claimant’s ownership of the intellectual property and any loss suffered. You can find details of the specific evidence needed for each type of claim in the Appendix to this guide. Intellectual property claims can be technical, and you may want to seek advice from your professional body or trade union or from a suitably qualified lawyer.

Parties may attach relevant documents to their statements of case, such as documents establishing any copyright or trade marks, or screenshots evidencing the internet publication of a work where breach of copyright is claimed.

All statements of case should be signed with a statement of truth in the following words:

“[I believe] or [the claimant or defendant believes] that the facts stated in this [name of document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in a document verified by a statement of truth without an honest belief in its truth.”

The statement of truth should be signed by someone who has direct knowledge of all the facts contained within it. However, if no single  person has complete knowledge of everything mentioned in the statement, then it must be signed by multiple people who, between them, have knowledge of all the facts being presented. This ensures that every claim or fact in the statement can be verified by someone who has first-hand knowledge of what occurred (CPR 63.21).

Service of the claim and other documents

Service, or serving, of the claim and other documents means sending them to the other parties.

It is very important to note that, unlike money claims, in IPEC Small Claims Track cases, it is the claimant’s responsibility to serve each defendant with the claim form, together with a response pack and the particulars of claim (at the same time or later). This is not done by the court.

The claimant should check when they get the documents from the court, after the court has issued their claim, that they have received enough copies of the claim form, each with a court seal. There should be one for the claimant and one for each defendant. If they have not they must contact the court. The court will give the claimant details of how to get the response pack on issue of the claim.

CPR 6 sets out the rules explaining how to serve (send to the other side) the documents, including how to serve the claim form and the particulars of claim. The service requirements vary depending on the nature of the defendant (for example, individual or company). Claimants should refer to the table at CPR 6.9 to identify the requirements that apply.

The deadline for a party to take a step in the proceedings is often within a specific number of days after service of a document, for example within 14 days after service of the particulars of claim. To know when a deadline ends, parties need to know the date of service of the document.

The date of service of a document is not necessarily the date the document is actually received. The time limit will start from a ‘deemed date of service’ which is a date determined in accordance with CPR 6. Parties must refer to CPR 6 to check the time limits that apply to them.

Time limits for filing and serving documents

The claimant must serve the claim form within:

• 4 months if serving in England and Wales
• 6 months if serving outside England and Wales (including Scotland)

The Claimant must serve the particulars of claim either:

• at the same time as the claim form
• within 14 days after the claim form is deemed served

These time limits are strictly enforced.

Certificate of service

The claimant must file a certificate of service of the claim form within 21 days of service of the particulars of claim, unless all the defendants have filed acknowledgments of service within that time (CPR 6.17).

If the defendant fails to answer, then the claimant can apply to enter “judgment in default of a defence”. The court will only enter default judgment if the claimant has filed a certificate of service of the claim form, the particulars of claim and the response pack. The certificate must confirm that the defendant has been served in the manner and at an address allowed by the rules. Claimants should refer to the table at CPR 6.9 when completing the certificate of service.

Defendant’s response

There are several ways for the defendant to respond to a claim (see CPR 63.22).

When no response is received

If the defendant does not respond to the particulars of claim, the court may enter default judgment against them at the Claimant’s request.

When a defence is filed and served

The defendant can file and serve a defence, with or without a counterclaim, within 14 days after deemed service of the particulars of claim (unless the particulars of claim have been served out of the jurisdiction, when a longer period may apply).

When a defendant needs more time to do their defence

If the defendant needs more time to produce the defence, or wants to contest the court’s jurisdiction, they must file and serve an acknowledgment of service within 14 days of deemed service of the particulars of claim. The defence and any counterclaim must then be filed and served within:

• 42 days of deemed service of the particulars of claim, if it contains the claimant’s statement of compliance with the Pre-Action Conduct – see Before issuing proceedings
• 70 days of deemed service of the particulars of claim if it does not contain the claimant’s statement of compliance with the Pre-Action Conduct. The claim then proceeds.

When a defendant admits the claim (in full or in part)

Where a defendant admits liability to pay:

a) the whole of or part of a claim for a specified sum of money

b) the whole of a claim for an unspecified amount of money

c) a claim for an unspecified amount of money and offers a sum in satisfaction of the claim

The claimant may file a request for judgment.

The precise procedure on an admission is dealt with in CPR Part 14.

For further time limits, for example for filing defences to counterclaims and replies, see CPR 63.22.

Sometimes a defendant may feel that the claim has no merit at all or is against the incorrect defendant or that there is an infringement but that the amounts claimed are vastly inflated. If that is the case then the defendant can apply for the claim to be struck out or for default judgment against the claimant using CPR 3.4.

Parties can only extend the time limits set out in CPR 63.22 with a prior order from the court and must have a good reason. Parties must make applications for extensions of time before the time expires or as soon as possible afterwards and must set out clearly why they are required.

Default judgment

Note that the court does not automatically initiate any step in the proceedings including where the defendant fails to acknowledge service or file a defence. The claimant can ask the court to make a judgment against the defendant if they do not respond to the claim in time. To do this, the claimant needs to fill in and send back Form N227. The court will then decide how much the defendant should pay in damages. This is called a default judgment.

On receiving the Form N277 the court will usually give judgment for the claimant against the defendant. If the court is satisfied that the claim form and particulars of claim have been properly served on the defendant, and no acknowledgment of service or defence has been filed, the court will give directions for how it will make orders to assess the money compensation (“damages to be assessed”) and for other remedies (such as any application for a final injunction) to be considered by the court. The court will send out notification of any hearing and details of the directions to be complied with and information needed beforehand.

Progress of the case if a defence has been filed

After a defence has been filed, the court will send out an order to all parties including directions for the management and progress of the case leading up to the trial, or for mediation if that is requested by the parties. These directions will usually be issued without a hearing and will be based on the court’s consideration of the claim, particulars of claim, and defence. In rare cases, the court may set a preliminary hearing for the parties to attend at which an order for directions will be made. Preliminary hearings usually take place remotely by video.

The parties must comply with all orders for directions by the dates specified.

The order for directions will set a timetable for each party to disclose relevant documents to the other parties, and for the evidence of any witnesses to be filed and served. It will include a date for the final hearing of the claim, unless all the parties have agreed that the claim can be decided by the judge without a hearing. In that case, the order will give a date by which a written judgment will be available. The court may make other directions as appropriate.

Following the court’s orders and timetable

This is the best way to put your case before the court effectively. You should not assume that you will be able to rely on documents that are filed (meaning ‘sent to the court’) late.

If the court directs you to file a document, you must usually also send a copy to the other parties.

If you cannot meet the court’s deadlines for any reason, ask the court to officially change them. You’ll have a better chance of getting more time if you ask before the current deadline runs out.

Small claims mediation and other alternative dispute resolution

Like all civil courts, the IPEC Small Claims Track encourages parties to consider the use of alternative dispute resolution (ADR), as a means of resolving disputes or issues within disputes.

Parties to IPEC Small Claims Track cases may use ADR, including the small claims mediation service. It may only be accessed after a claim has been issued. Mediation appointments take place by telephone and the parties do not need to attend court or the mediators’ offices. Parties can also mediate through the small claims mediator without speaking to one another.

Mediation appointments:

• only proceed if both parties agree to mediation
• are limited to one hour
• are confidential

If mediation is unsuccessful, the parties will continue to a final hearing of their IPEC small claim as usual.

Contact the email address below if you would like to arrange a mediation appointment with the small claims mediation service, providing a return telephone number and your case number:

Email: scmreferrals@justice.gov.uk
Telephone: 0300 123 4593

You can find further information on alternative forms of ADR in the General IPEC Guide

Settling or discontinuing a claim

Parties may settle their case by agreement at any time before judgment at the final hearing. A case in the IPEC Small Claims Track can be ended before a final judgment either by the parties’ agreement or the discontinuance of the proceedings by the claimant.

If the parties reach a settlement agreement, it is important that they both notify the court as soon as possible.

The court will only cancel a hearing date if they are requested to do so in writing by both parties and are satisfied that the parties have agreed what should happen in relation to the costs of the claim.

If the parties would like the terms of their agreement to be recorded in a court order (an official direction issued by a judge requiring a party to take specified steps), they will need to ask the court to make a ‘consent order’. The benefit of a consent order is that, if one party breaks the agreement, the other party can enforce it in the same way as they can enforce any other order of the court.

Both parties should notify the court:

• that the case has settled
• that the hearing is no longer needed
• if damages (any money) are to be paid, what has been agreed, which party will be paying, what amount, if in full or in instalments, and any other relevant information
• of what has been agreed about the costs of the parties – this may be an order for one party to pay agreed costs or it may be ‘no order for costs’, meaning each party is responsible for their own costs. If nothing is said about costs then each party is responsible for their own costs and expenses.
• of any other terms that the parties have agreed which the court could order (for example, the return or destruction of infringing goods)

Parties can send the court a draft consent order or a letter containing the information, signed by both parties. Alternatively, each party can send the court a signed letter containing the same terms of agreement.

Where the parties wish to agree terms that the court cannot order, or where they wish to settle on agreed terms without a judgment being entered, they may wish to get advice on whether or how to submit a Tomlin order for approval.

A case may also be ended by the claimant discontinuing the claim. Claimants should see CPR 38 for the procedure to follow and particularly note CPR 38.6 – when you formally tell the court you’re stopping your claim (known as a discontinuance), you may be liable to pay some or all of the  legal costs of the proceedings.

Other orders

In a small claim, it is unusual for any party to issue an application seeking an order from the court before the final hearing.

However, if an order is needed (for example for permission to amend a statement of case), the party should file a formal application using Form N244.

Unless the court directs otherwise, it is for the party seeking the order (sometimes known as the applicant) to serve the sealed application on the other party (sometimes known as the respondent). The applicant should file a certificate of service of the application with the court.

The respondent should send the court and the applicant a response within 5 business days of service of the application.

Experts

Experts may only give evidence with the permission of the court. If experts are necessary, the claim is likely to be reallocated to the IPEC multi-track.

Evidence and bundles

Before the hearing you will need to send the court and the other party a paginated bundle and copies of all evidence you want to rely on at the hearing. This will include all documents in relation to your claim and witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial, including the parties or their representatives. The court may not allow evidence that has not been disclosed before the hearing. Examples of what you will need to prove your claim are set out in the Appendix.

Hearings

Some IPEC Small Claims Track hearings will take place remotely (usually by video). You are entitled to ask for a video hearing and this will usually be allowed if the other party agrees.

Hearings are open to the public, unless the court orders otherwise, which usually only happens in exceptional circumstances.

Hearings are more informal in nature than other civil cases and evidence is not usually taken on oath. The court will still apply the law and will decide the case based on the evidence the parties have made available.

Many parties who are not legally represented choose to bring a friend, representative or family member to hearings. That person may speak for the party or provide moral and practical support. However, representatives are only allowed to speak if the party themselves are also present - you cannot send someone along to speak for you without attending yourself.

All hearings are recorded by the court. You can get a transcript (a document setting out word for word what was said in court) of the oral judgment given in a hearing if you request it and pay a fee.

If all the parties agree, the court may deal with the claim without a hearing by considering the documents in the case and the written arguments of the parties instead (CPR 27.10).

You can tell the court and other parties that you will not be coming to the final hearing. You must do this at least 7 days before the hearing. If you do this, you can ask the court to make their decision by looking at your written documents instead.

If you do not attend the hearing without giving this notice, the court might throw out your case (‘striking out’). This means they could remove all or part of your argument, and you will not be able to use it anymore.

At an IPEC Small Claims Track final hearing, the judge may use any method of proceeding that they consider to be fair. This may include the judge asking questions of witnesses or limiting cross-examination of witnesses by others.

Appeals

An appeal of a decision made by a District Judge of the IPEC Small Claims Track should be made to an enterprise judge of the IPEC (CPR 63.19(3)).

An appeal can only be made with permission. A party should ask for permission to appeal from the judge who made the decision at the end of the hearing.

You have to have a reason for an appeal. You cannot simply disagree with the outcome; you need to demonstrate a significant error in law or procedure. The judge will only grant this permission if they think the appeal has a real chance of succeeding or there is another compelling reason for the appeal to be heard.

 If that judge refuses permission, or if a party did not ask for permission at the hearing but wants to later, they should apply for permission to appeal to an enterprise judge within 21 days of the date of the decision. 

Court fees

Fees are payable to the court by the claimant when issuing a claim in the IPEC SCT and when the final hearing is fixed. Fees are also payable by a party who issues an application or an appeal. There may be exemptions available depending on the payer’s financial circumstances.

 Read more about fees in civil and family courts in England and Wales. If the hearing fee is not paid by the claimant within the time specified in the notice of hearing, the court will automatically strike out the claim and remove the hearing date from the court list (also known as ‘vacating a hearing’) (see CPR 3.7A1 (7)). If the court strikes out a claim in such circumstances, the claimant will be liable for the costs and expenses the defendant has incurred, as provided for in CPR 27.14 (see Costs recovery).

Costs recovery

The general principle that an unsuccessful party will pay the legal costs of a successful party does not apply to IPEC SCT claims. Instead, the successful party will usually only be entitled to the costs set out below:

• fixed sums in relation to issuing the claim
• court fees, including the hearing fee
• reasonable travel or out-of-home accommodation expenses for a party or witness attending a hearing
• loss of earnings or annual leave of a party or witness for attending a court hearing, limited to £95 per day for each person (PD 27 paragraph 7.3)
• in proceedings that include a claim for an injunction, a sum for legal advice and assistance relating to that claim, not exceeding £260 (PD 27 paragraph 7.2)
• not more than £750 for the fees of any or each expert that the court has approved in advance

Any further costs the court may decide after the hearing, may have to be paid by a party who has behaved unreasonably (CPR 27.14). A party’s rejection of an offer of settlement will not by itself constitute unreasonable behaviour but the court may take it into consideration (CPR 27.14 (3)).

Where cases are transferred from one track to another, the costs rules on the original track will apply up to the date of reallocation, and the costs rules on the new track will apply from the date of reallocation onwards.

Legal representation in the IPEC Small Claims Track

The IPEC Small Claims Track is designed to be used by parties who do not have a legal representative acting for them.

Each party can choose whether to be legally represented in the IPEC Small Claims Track. A party may be represented by a solicitor, barrister, patent attorney or trade mark attorney. Corporate parties may be represented by an officer or employee of the company.

Many parties who are not legally represented choose to bring a friend, family member or representative from their trade union or professional association to hearings. That person may speak for the party or provide moral and practical support. However, representatives are only allowed to speak if the party themselves are also present - you cannot send someone along to speak for you without attending yourself.

There is one exception where PD 27 allows a solicitor or barrister to represent their client in their absence. However, this does not happen often since the district judge hearing the case may need the party to give evidence or may have questions to ask the party directly.

There are various sources of free legal advice (also known as ‘pro bono’). A good place to start is Citizens Advice or a Law Centre, although some such charities do not provide advice to businesses. There is a Citizens Advice based in the Royal Courts of Justice in London that offers advice and assistance on the procedural aspects of bringing or defending a claim.

Relevant professional organisations such as the Chartered Institute of Trade Mark Attorneys (CITMA), the Intellectual Property Regulation Board (IPReg), or the Law Society may be able to help with specialist intellectual property (IP) advice. IP Pro Bono may be able to give free IP advice.

You may also want to contact your trade union or professional body who can guide you through all aspects of your claim.

You can get further information on free legal advice from the National Pro Bono Centre, which houses national clearing houses for legal pro bono work in England and Wales.

Paying damages and costs

All court-ordered or agreed payments for damages and costs should be paid directly to the receiving party, not the court. The paying party should ask the receiving party for details of where electronic payments or cheques should be sent.

IPEC Small Claims Track location and contacts

Location of the IPEC SCT

Claims in the IPEC Small Claims Track are mainly managed at the Manchester Business and Property Court:

Manchester Business and Property Court
Manchester Civil Justice Centre
1 Bridge Street West
Manchester
M60 9DJ

Since 3 July 2023, all Small Claims Track claims filed in London in person or online using the E-Filing service have been transferred to the Manchester Civil Justice Centre for case management and for trial either in person or by video link.

IPEC Small Claims Track claims filed before 3 July 2023 will be dealt with by district judges of the IPEC sitting at the Thomas More Building in London, unless they are transferred elsewhere.

There is no change to IPEC Small Claims Track claims filed in any of the Business and Property Courts outside London. These will be case managed and trials will be heard at the place of filing unless the cases are transferred elsewhere.

Contact details for the IPEC SCT

Contact details are available online. You can send enquiries relating to an IPEC Small Claims Track claim to:

Location	Email address	District Judges
Birmingham	bpc.birmingham@justice.gov.uk	DJ Mantle, DJ Rich
Bristol	bristolspecialist@justice.gov.uk	DJ Gibson
Cardiff	bpc.cardiff@justice.gov.uk	DJ Pratt
Leeds	bpc.leeds@justice.gov.uk	DJ Bond
Liverpool	LiverpoolBPC@justice.gov.uk	DJ Deane, DJ Johnson
London	IPECsmallclaimstrack@justice.gov.uk	DJ Hart, DJ Revere, DJ Wilkinson
Manchester	bpc.manchester@justice.gov.uk	DJ Obodai
Newcastle	NewcastleBPC@justice.gov.uk	DJ Malik, DJ Phillips

Court staff cannot give legal advice or have long back-and-forth discussions with you. See information about copying other parties into emails or correspondence sent to the court in What to expect in your dealings with the court.

Intellectual Property Enterprise Court Users’ Committee

The IPEC has a Users’ Committee which considers the problems and concerns of intellectual property litigators in IPEC. The committee includes judges and representatives of:

• the Intellectual Property Enterprise Court
• the Patents Court
• the Intellectual Property Office
• the European Patent Office
• the Intellectual Property Bar Association
• IP Chambers Clerks
• the Intellectual Property Lawyers Association
• the Chartered Institute of Patent Attorneys
• the Institute of Trade Mark Attorneys
• the IP Federation
• the British Copyright Council
• the Pro Bono Committees
• IP Academics

Anyone having views concerning the improvement of intellectual property litigation in the Intellectual Property Enterprise Court is invited to make his or her views known to the committee, preferably through the relevant professional representative on the committee or its secretary.

The current secretary is:

Luke Maunder,
Osborne Clarke LLP,
One London Wall,
London
EC2Y 5EB

Tel: +44 20 7150 7669
Mobile: +44 7379 095 428

Email: luke.maunder@osborneclarke.com

Appendix – Example evidence (CLCC lists)

Copyright, Moral Right, Database Right and Design Right

When you make a claim about someone infringing your copyright or design rights, you should provide these documents: They might be actual documents, items, photographs or recording or they might be provided by witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial including the parties or their representatives.

About your work

Identify your work clearly

• provide enough information to identify your work (such as a book, music, or design)
• include a copy of your work if possible
• for copyright works, state what type of work it is according to the Copyright, Designs and Patents Act 1988

Provide important dates

• for UK unregistered designs: state when it was first marketed
• for Community unregistered designs: state when it was first made available to the public in the EU
• for copyright works: state when your work was created

Explain how your work was created

• who created it and how
• for moral rights claims, identify the author/director and explain how the right of attribution was asserted.

About ownership

Prove your ownership

• provide details showing you own the work

Declare other people’s interests

• if anyone else has rights or interests in your work, give their details

About the infringement

Describe the infringement

• list all actions the defendant has taken (or is threatening to take) that infringe your rights
• explain why these actions are infringements

Identify the copied work

• if the infringement involves copying, provide details of the infringing work
• clearly identify which parts of the infringing work are copies of your work

When submitting supporting documents, the defendant should clearly explain why they disagree with the claim. Their explanation should cover:

• why they believe the claimant does not have the rights they’re claiming
• why they think the claimant’s work is not original
• why they believe the claimant does not own the work
• why they believe they have not copied the claimant’s work
• why their work is not an infringement of the claimant’s rights

Breach of Confidence

When you make a claim about breach of confidence you should provide these documents: They might be actual documents, items, photographs or recording or they might be provided by witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial including the parties or their representatives.

Describe the confidential information

• explain why it’s confidential
• give enough detail for the defendant to understand your complaint
• if sharing details is difficult, try to agree on a confidentiality agreement first

Explain where the information came from

• how the information was created or developed

Show your ownership

• provide evidence that you own the confidential information

Explain how the defendant got the information

• details about when and how they received it

Show why they should not have shared it

• explain why the defendant had a duty to keep it confidential
• include any relevant contract terms

Describe the breach

• how the defendant has shared or will share the information
• who they shared it with (if known)
• in what format they shared it

Explain the harm caused

• identify and quantify the damage from the breach

When responding to a confidentiality claim, a defendant should explain:

• why you believe you had the right to use or share the information
• any reasons you dispute that:
  • the information is confidential
  • the claimant owns the information
  • you disclosed the information
  • any harm was caused by sharing the information

Passing Off

When you make a claim for passing off or infringement of an unregistered trade mark you should provide these documents: They might be actual documents, items, photographs or recording or they might be provided by witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial including the parties or their representatives. What the Claimant (person making the claim) needs to provide:

About your mark, name, sign or visual identity (“mark”)

• clear images or descriptions of your mark. If it is a registered trade mark include a copy of the registration
• details about what products or services you use your mark for
• the date you first started using your mark
• information about your mark’s reputation - where it’s known and for how long

About the defendant’s actions:

• describe the mark, name or visual identity they’re using
• detail what products or services they’re using it for
• explain what they’re doing that you’re complaining about
• show how their actions are causing confusion with your mark
• provide examples of any actual confusion that has happened
• explain and quantify the harm or damage their actions are causing

What the defendant (person responding to the claim) needs to provide:

If they disagree with the claimant:

• explain why they disagree with what the claimant says about their reputation
• provide a clear description of their own mark if they dispute the claimant’s description

About their own mark:

• the date they started using their mark
• information about their mark’s reputation - where it’s known and for how long

This information helps the court understand both sides of the dispute and make a fair decision.

Registered or Community Trade Marks

When you make a claim for passing off or infringement of a registered trade mark you should provide these documents: They might be actual documents, items, photographs or recording or they might be provided by witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial including the parties or their representatives.

For the claimant

Provide clear details about your trade mark, including its registration number, class, registration date, and what products/services it covers. Include a copy of the registration.

Clarify who owns the trade mark and mention if anyone else has an interest in it.

If your trade mark is over 5 years old, explain which goods or services you’ve actually been using it for.

If you’re claiming reputation or goodwill, explain:

• how well-known your trade mark is
• where it’s known (geographically)
• how long it’s been established

Identify what the defendant is doing wrong by describing:

• the mark or design they’re using
• what products or services they’re using it on
• which specific parts of trade mark law they’re violating

Give examples of any confusion that has happened or might happen because of the infringement.

If you want to cancel someone else’s trade mark, explain your reasons.

If you want confirmation that certain activities do not infringe, clearly describe those activities.

If you claim to be the rightful owner of a trade mark registered to someone else, explain why.

For the defendant

If you disagree about the trade mark’s reputation, explain why.

If you disagree with how your mark or products were described, provide your own accurate description.

If you’re using a legal defence, specify which one.

If you’re relying on your own registered trade mark as a defence, provide its details and include a copy of the registration.

If you think the claimant’s trade mark is not valid, explain why.

Detail any damages you’ve suffered and what remedy you’re seeking.

Unjustified Threats

When you make a claim of an unjustified threat you should provide these documents: They might be actual documents, items, photographs or recording or they might be provided by witness statements detailing your complaint. Witness statements must be submitted by anyone who wants to give evidence at trial including the parties or their representatives.

If you’re claiming someone has made unjustified threats, you should:

1. Identify all relevant communications

• clearly point out which letters, emails or other activities you’re complaining about
• include copies of any messages from the person who made the threats that you want to use as evidence

2. Explain any disagreements about meaning

• if the person you’re complaining about disagrees with how you’ve interpreted their words
• explain why you disagree with their interpretation