Preparing for a Final Small Claims Hearing

Directions given in a case which has been allocated to the Small Claims Track

When a claim is allocated to the Small Claims Track the Court will normally, at the same, list the matter for a final hearing. At that point the Court will give the parties directions (a list of jobs the parties are required to do in order to prepare the case for the final hearing). Typically the parties will be required to send copies of any documents, including any expert reports, and witness statements upon which they intend to rely to the other party or parties and the Court by a certain date.

What documents should I send?

It is important to include any document which may help your case. In the following types of case such documents will typically include:

Contract cases

  • A copy of the contract, if there was one.

  • Any quotations, estimates, brochures or order forms.

  • Any invoices and receipts.

  • Any important correspondence between the parties.

  • Photographs for example where a holiday maker contends that the accommodation provided by a tour operator was of a lesser standard than that shown in the brochure or where a claim relates to the quality of building work carried out.

  • A list of any works complained about, a list of any outstanding works and estimates or receipts for remedial work if the claim relates to work carried out by a builder.

Property disputes

  • A copy of the title deeds relating to the property or properties in question.

  • A plan of the site. A rough sketch will normally suffice.

  • Photographs.

  • A report of a surveyor.

  • Any important correspondence between the parties.

Personal injury claims

  • A medical report.

  • Photographs.

  • A plan showing where the injury occurred.

  • Any important correspondence between the parties.

Road accident cases

  • A copy of the police accident report if one was prepared. These have to be requested from the police and normally take a while to arrive so any request should be made as soon as possible.

  • Invoices and estimates for repairs.

  • A plan showing where the accident occurred. A rough sketch will normally suffice.

  • Photographs of the scene of the accident and of the damage sustained.

  • Any agreements and invoices relating to additional expenses claimed such as car rental charges.

  • Any important correspondence between the parties.

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For more information on:

  • What about witness statements?
  • Preparing a bundle of documents and witness statements
  • Final preparation for the hearing
  • Will I be able to ask questions of the other party at the hearing?
  • What about my witnesses?
  • What if I forgot to include an important document in my bundle or have obtained further documentation or an additional witness statement since I sent my bundle to the Court and the other party?
  • What costs and expenses can I claim?
  • Can I claim interest on any monies owed to me?
  • What should I wear for the hearing?
  • How should I address the Judge?
  • What if I am late for the hearing?