|
 |
|
Small Claims Court
Support.co.uk |
|
YOUR CLAIM PROCESSED IN THE UK
SMALL CLAIMS COURT |
|
 |
 |
 |
 |
|
|
|
|
|
|
|
|
 |
Most people are very nervous about
appearing in court - understandably. However, the uncertainty about such
appearances can be offset by good preparation and knowing about how the hearing
will progress.
Small Claims are usually heard in a private room with
the public excluded and just the two disputing parties and any witnesses's
present. On some occasions the hearing may by in an open court - usually if the
court is very busy and there are pressures on the availability of space. The
procedure tends to be informal but Claimants should be mindful of how it all
works.
There are four main stages associated with a court appearance:
- Preparation
- Arrival
- The
hearing
- Judgment
There is no substitute for
good preparation. Assemble all of the documents which you intend to use in
court and make sure that both the court and the other side have copies well in
advance of the hearing - at least 7 days. Include with the documents your
witness statement which should include a
Statement of Truth. We will help
you with this.
An index is essential and document numbering assists the
judge in quickly locating a relevant page.
Make sure that you are
completely familiar with each of your documents and that they are assembled in
a logical order - chronological is the usual format. It is best to assemble the
documents into a "bundle" with an index or contents sheet at the front. Number
each document in the top right-hand corner to enable the judge to quickly
reference them.
If you are including witness statements from
independant witnesses the same rules apply in respect of the statement of
truth. Ensure that their statements are relevant to the claim and names and
addresses are clearly indicated. Ensure that witnesses always stick to the
actual facts. The only opinions which are relevant are those of Expert
Witnesses such as qualified structural engineers, medical proffessionals or
health and safety consultants.
If a witness or witnesses are appearing
at the hearing you will need to inform the court - especially in the case of
Expert Witnesses. This you can do on the Allocation Questionnaire which the
court will forward to you for completion. Make sure that your witness or
witnesses are aware of the court procedures, hearing date, time etc.
Read and understand all of the documents and be sure of the order in which
they are to be presented. Rehearse your presentation but be aware that the
judge may take control of the presentation order so be prepared to be
flexible.
On arrival make sure that
you make yourself known to the usher. The usher will check your name on the
court listing and confirm that you are listed for that day. There are no
guaranteed times for hearings and there may be a long wait - the usher will
advise you of the approximate waiting time but the conduct of some claims can
become extended so be prepared to hang around for a while. So take a seat in
the waiting area and relax!
When you arrive, check with the usher to
see if the other side are there. You can decide at this point if you want to
attempt a settlement with the other side prior to the hearing. If so, ask the
other side if a discussion would be useful and if so ask the usher if you both
can use a private room. Such rooms are usually available and the usher will
indicate the location and ensure your privacy.
If you and the other
side do reach a settlement tell the usher immediately. The usher will inform
the judge prior to the hearing and this will expedite the proceedings, with the
judge writing up the judgment in accordance with your agreed settlement.
If you need to leave the waiting area for any reason let the usher know.
And also tell the usher on your return. As soon as the judge is free the usher
will call you and the other side and you can then enter the court room or the
judge's room.
When you enter the judge's
room or court either the judge or the usher will indicate where you should sit.
Some hearings take place around a table, some in front of the judge's desk and
occasionally a hearing may be conducted in open court.
When addressing
the judge the correct term is "Sir" or "Madam". On entering the judges room a
polite "Good Morning, Sir/Madam" is appropriate. The judge will want to
establish who you are the purpose of anyone with you - either as a witness or
as a "Litigation Friend". If you are relying on someone else to present the
claim details for you, you or they should request the permission of the
judge.
The judge will request the Claimant's evidence first - this
being a statement of claim and a brief description of the circumstances. The
Defendant will then have an opportunity to respond. During the hearing there
are a number of basic rules to follow:
- Do not interrupt
the judge
- Do not interrupt
the other side when they are responding
- Do not use bad
language or raise your voice
- Do not laugh or
snigger at statements made by the other side
- Do not call the
other side "liars" or use any other uncomplimentary names
- Always tell the
truth
At each stage the judge will give you
an opportunity to respond to the other side and you should ensure that you
respond to statements in the same order as they are made. Jot down notes as the
other side speak and make your responses clearly and relevantly. If you wish to
add something else to your response ask the judge first: "may I add further
information, Sir/Madam".
Do not produce documents which have not been
evidenced to the court or the other side without the judge's permission. The
judge may want to know why such document were not evidenced in advance and
depending on the reason may refuse permission.
It is essential that you
and anyone with you behaves in a polite and respectful way. Bad behaviour will
result in removal from the court.
mportantly, always tell the truth -
if you get caught out with an untruth - either in written evidence or by word -
you are likely to lose your claim!
The judge will usually
present the judgment immediately. Where there are complicated documents or
convoluted processes the judge may defer or reserve judgment while documents
and evidence are studied.
When judgment is delivered do not argue with
the judge or enter into further discussion. Just thank the judge, say "Good
Morning" and leave. Do not gloat or make any gesture towards the other side.
and ignore the other side if they attempt to accost you either in the judge's
room or outside.
In theory the decision of the judge at the hearing is
final but if the outcome went against you and you feel that something important
and relevant to the outcome of the claim was not made aware to the judge, you
can apply to the court for set aside.
A written copy of the judgment
usually follows within a week or so and this will give a time limit for action.
If the judgment is in your favour and the other side fail to comply within the
specified time you can then consider the option to
enforce the judgment.
Do NOT
argue with the judge if the judgment goes against you. If something in the
proceedings has gone adrift you have the option to apply to the court for
set-aside of the judgment.
|
|
|
|
|
