CASH RECOVERY IN THE UK SMALL CLAIMS COURT
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CASH RECOVERY IN THE UK SMALL CLAIMS COURT |
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When a claim is brought to a court hearing the judges must make a decision based on the evidence presented to them. The quality of the evidence can have a significant influence on the outcome of the claim and Claimants should be especially diligent in assembling evidence. Most importantly, evidence should be accurate and truthful. Original documents should be taken to court but copies can be submitted prior to the hearing. Do not alter any documents or statements or leave out pages which you think may have an adverse effect. Do not forget that the other side may well have their own originals of the same document and the judge will not be pleased to see false evidence. Prior to the hearing you will need to forward copies of all documents which you intend to use at the hearing to the other side and the court. If you need to present evidence to the court which you have not declared prior to the hearing you will need to obtain permission from the judge. Depending on the circumstances this could be refused. Evidence can be classified as follows:
Invoices and bills are usually presented to support claims for overcharging, remedial work or replacements. If the work has been completed final invoices should be evidenced. If work has not been completed interim invoices, estimates and/or pro-forma invoices can be evidenced. If the claim is for work yet to be carried out, it is advisable to produce three independent estimates for the work. Where remedial work is required to correct poor workmanship it is advisable to obtain a specialist report as detailed below.
The golden rule is to keep every piece of paper. During a dispute most people become involved in detailed correspondence in an attempt to settle a disputed matter. It is always advisable to give the other side the opportunity to propose remedy prior to taking legal action. This correspondence can be an essential element in the conduct of the claim and all copies should be carefully retained. When corresponding with the other side exercise caution if heading correspondence "Without Prejudice". People often use this without realising exactly what it means. If in doubt - do not use it! Important correspondence should be forwarded by recorded delivery and the receipt confirmed - this can be done on line at http://www.royalmail.com and the receipt printed. Emails are now admissible but try to get a receipt for confirmation. Faxes are still widely used and are certainly acceptable in court - although most people send by fax and post - just to make sure.
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