How To Make a Breach of Contract Small Claim

In this simple step-by-step guide, we’ll walk you through what counts as a breach of contract, the evidence you’ll need to bring a claim, and how the claims process works. 

If you decide to proceed with making a breach of contract claim, CaseCraft.AI makes managing your case much easier. Our easy-to-use platform helps you stay organised, track deadlines, and build a stronger case, with no need for any prior legal know-how.

What constitutes a breach of contract?

A breach of contract happens when one party doesn’t follow through on the terms they agreed to. For instance, if they deliver goods late, refuse to pay for services, or do substandard work. It doesn’t have to be a formal written contract either. Verbal or implied agreements can also be enforceable, as long as you can prove what was agreed.

Here are some everyday examples of a contract breach:

• A contractor doesn’t finish the work you paid for.
• A supplier delivers goods that don’t match the order.
• A company misses key deadlines in your agreement.
• An employer withholds agreed-upon pay that you are entitled to under the terms of your employment contract.

Contracts are everywhere in daily life, and when they’re broken, it can be frustrating and costly. Small claims court breach of contract cases are usually brought when the breach is considered material enough to cause significant inconvenience or financial loss.

Minor breach of contract

A minor breach (sometimes called a partial breach) is when one part of the contract isn’t fulfilled, but the rest is. It doesn’t stop the contract from continuing, but it may still cause inconvenience or financial loss. For example, if a supplier delivers your order a few days late but the goods are usable, that’s likely a minor breach.

Material Breach of Contract

A material breach is more serious. It happens when one party’s failure to meet its obligations significantly harms the other party or defeats the purpose of the contract. For instance, if a web designer is hired to build a functional site and delivers a broken, unusable version, that’s a material breach.

Fundamental Breach of Contract

This is when one party completely fails to perform their part of the agreement, allowing the other party to terminate the contract and seek damages. An example could be hiring a photographer for your wedding, and them simply not showing up. The breach goes to the heart of the agreement. This is a common type of small claims court breach of contract case.

Anticipatory Breach of Contract

An anticipatory breach occurs when one party tells you in advance that they won’t (or can’t) fulfil their part of the contract. This gives you the right to take action before the actual deadline passes. If a builder tells you a week before starting that they’re pulling out of your home renovation, that could count as anticipatory breach.

What Evidence Do You Need To Make a Breach of Contract Claim?

To bring a successful claim for breach of contract, you must clearly show the existence of a contract (written, verbal, or implied), what the agreed terms were, how the other party failed to meet those terms, and that you suffered a loss as a direct consequence of their failure to meet their obligations.

Helpful documents include:

• Contracts, emails, or messages detailing your agreement.
• Invoices or receipts.
• Photos or screenshots of the issue.
• Witness statements (if relevant).
• A timeline of events.

What Should I Do if I Believe I Have a Claim?

Before heading to court, try to resolve the dispute directly. Courts expect that you’ve made a reasonable effort to communicate and find a solution. Plus, if your attempts to resolve things amicably are successful, you can save yourself the hassle and cost of going to court.

Start by:

1. Reviewing the contract and identifying the breach.
2. Contacting the other party to raise your concerns.
3. Sending a formal letter of complaint (sometimes called a ‘letter before action’).

If this doesn’t lead to a resolution, and the amount you’re claiming is under £10,000, then small claims court is likely your next step.

Is There a Time Limit When Bringing a Breach of Contract Claim to Small Claims Court?

Under the Limitation Act 1980, you generally have 6 years from the date the breach of contract occurred to make a case in civil court. The clock starts from when the contract was breached, not when the contract was made.

Do You Need To Hire a Solicitor To Resolve a Business Dispute?

Whether you’re a sole trader, freelancer, or small business owner, breach of contract claims can be especially disruptive. You may be chasing unpaid invoices, dealing with a supplier who didn’t deliver, or trying to recover compensation for a failed business service.

The good news? You don’t need to hire a solicitor or go through expensive legal channels. Small claims court is designed to handle these situations in a straightforward, affordable way, and CaseCraft.AI gives you the tools to make that process easier, faster, and less stressful.

What Is the Claims Process?

Raising a breach of contract small claim through the small claims track is simpler than you might think. Here’s how it works:

1. Prepare your evidence: Gather and organise everything that supports your claim.
2. Send a ‘letter before action’: This gives the other party a final chance to settle.
3. Submit your claim online: Use Money Claim Online or a paper form (N1 form).
4. Pay the court fee: This depends on the amount you’re claiming.
5. Wait for a response: The other party may accept, deny, or ignore your claim.
6. Attempt mediation: If they dispute your claim, you’ll be invited to a phone mediation.
7. Attend a hearing (if needed): A judge will review the evidence and make a decision about whether to rule for you, or for the defendant.

Remedies for Breach of Contract

If your claim is successful, the court may award one of several remedies, including:

• Damages: Financial compensation for your loss.
• Specific performance: Requiring the other party to fulfil their part of the contract.
• Cancellation and restitution: Ending the contract and returning both parties to their original position.

Most small claims court breach of contract UK cases that are successful result in financial compensation, so it’s important to calculate your losses clearly and include any related costs, such as replacement services or lost income.

Summary

Making a breach of contract small claim can feel like a big step, but with the right preparation, it’s an accessible and effective way to get the resolution you deserve.

Remember:

• You can claim up to £10,000.
• You’ll need to show there was a valid contract and how it was breached.
• Always try to resolve the issue first.
• Keep all evidence well-organised and documented.

With CaseCraft.AI, you don’t have to figure it all out alone. Our intuitive platform helps you manage your case from start to finish, giving you structure, support, and peace of mind every step of the way.