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Small Claims Court
Support.co.uk |
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YOUR CLAIM PROCESSED 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.
With the proliferation of
digital photography photographic evident has become much easier to obtain.
Where a claim is for the cost of remedial work to property, motor vehicles and
other objects which have suffered damage photographs can be very useful in
demonstrating the damage to the court.
The only problem with digital
photographs is that they can be easily re-touched and shrewd Defendants will
point this out to the judge. However, conventional photographs do not have this
problem as the authenticity can be justified by producing the negatives.
If photographs are to be produced make sure that they are in focus, not
under or over exposed and relevant to the claim.
Video evidence is
being increasingly accepted as evidence in court. If it is your intention to
rely on this make sure that you request the courts permission when you submit
your Allocation
Questionnaire.
In some circumstances
specialist reports are essential. For motor accident claims an automotive
engineers report is essential for larger claims. As most motor claims will
ultimately be settled by the Defendant's insurers it is advisable to inform the
insurer that you intend to obtain a report unless they are prepared to initiate
their own report. The cost of the report is added to the claim and will be
refunded to the Claimant on a successful conclusion.
For property
damage claims a surveyors report is advisable. This will justify the cost of
the remedial work and also the necessity for the work to be carried out.
Witness statements are a
very useful form of evidence. Where road traffic accidents have occurred,
property damage, negligence or incompetent workmanship have occurred witness
statements can justify the claim.
Statements should be relevant and the
witness should be fully identified with a name and address some background
information indicating how the witness came to be in a position to to make such
a statement.
The Claimant must also produce a statement, detailing the
evident which they intend to present at court and qualifying other evidence
such as documents and reports. The Claimant's statement should form part of a
document bundle and refer to each document in the bundle.
All witness
statements should include a Statement
of Truth.
If you intend to take a
witness or witnesses to court you must inform the court on the
Allocation Questionnaire. If
your witness is a lay person they will be a "witness of fact". However, it may
be necessary to use an "expert witness" who has special skills or knowledge
relevant to the claim.
Witnesses should have produced a statement with
details as above and be provided with full details of the time and place of the
court hearing and details of the claim.
Witnesses should be provided
with details about the conduct of court hearings and what is expected of them.
Our page dealing with Appearing In Court
explains the procedures and possible problem areas. It is a good idea to make
sure that ant witness is fully briefed and knows exactly what to expect at the
hearing.
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