After a case has been allocated to the small claims track, the court will normally fix a date for the final hearing and give the parties standard directions (a list of jobs they need to do to prepare the case for the final hearing).
Typically the parties will be required to send copies of any documents and witness statements upon which they intend to rely on to the other party and the court by a certain date. This would include any expert’s report although you’ll need prior permission of the court to present one of these.
You should include any document which may is relevant to your case – whether this would help or hinder it. In the following types of case such documents will typically include:
You should provide a witness statement for any person who is willing to give evidence in support of your case – including yourself.
The witness statement should set out in a chronological order the version of events of the witness. It should generally be limited to the facts of the case and not give opinions –particularly as to the other party in the case.
The witness statement should state the name and address of the witness and should be set out using numbered paragraphs. At the end of the witness statement the words ‘I believe that the facts stated in this witness statement are true’ should be added. The witness statement should be signed by the witness and dated.
There is no requirement to prepare a formal bundle of documents and witness statements in the small claims court. However, a bundle will normally assist and impress the judge so it is worth doing.
A good bundle will generally have three sections which will include:
1.
In most cases you will be allowed to ask the other party questions. It is, therefore, worth writing a list of the questions you would like to ask in advance of the hearing.
It is important to ensure your witnesses know the time and date of the hearing and where it is to take place.
Any additional documents and witness statements should be sent to the court and the other party as soon as possible. There is no guarantee that the judge will allow you to rely on any evidence served late. However, if the other party has had sufficient time to consider the additional evidence and you can provide a good explanation as to why it was served late the judge may allow the evidence.
Costs are limited in the small claims court. The rule is that no costs will be ordered between the parties except:
If the judgment is for less than £5,000 you can’t claim interest from the date the order is made to the date when you are paid by the other party. If you are claiming more than £5,000, can claim interest up to the date of the order and from the date the order is made to the date you receive your money.
Clothing should be smart and conservative.
Small claim cases are normally heard by District Judges and should, therefore, be addressed as sir or madam.
You should arrange to arrive at court in good time for the hearing. If a party arrives late for a hearing the hearing may proceed in that party’s absence. If you are going to be late, you should telephone the court and explain that you are going to be late, why you are going to be late and when you are likely to arrive at court. The court may be able to delay the hearing although there is no guarantee that they will.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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