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court order recieved -- plz help

s_m_2
Posts: 9 Forumite


I have received the "general from of judgement or order" from court. I am the claimant, makeing a claim against a company who supplied an incomplete order and I had to buy the missing items from elsewhere.
I want to know:
* I have supplied all the evidence with the claim form, so do i have to supply them again.
* my family members are the only witnesses and i did not put down any witness on AQ , would it be helpful if i take their witness statments
* do i have to attend the hearing
* finally please explain what i need to do next.
please expalin the following:
1) this claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted.
2) the claim will be heard at (court address) on a date and at a time which is set out on a notice attached to this order, or which will be sent to you later.
3) From the available papers, it is estimated that the hearing will take two hours. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.
4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.
5)The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault haying to pay costs.
The following Directions apply to this Claim:
6) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.
7) The original documents must be brought to the hearing.
8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this Order.
9) The documents to be sent to the parties and the court must include the statements of all witnesses (including the parties themselves).
10) Witness statements must:
Start with the name of the case and the claim number; State the full name and address of the witness
Set out the witness's evidence clearly in numbered paragraphs on pages
end with this paragraph: .....
be signed by the witness and dated.
11) the judge may refuse to hear the evidence, or consider any statement, of any witness whose statatement has not been prepared and copied to all parties and the court in accordance with the paragraph above.
12)Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.
13) Because this Order has been made by the Court without considering reprentations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
many thanks
I want to know:
* I have supplied all the evidence with the claim form, so do i have to supply them again.
* my family members are the only witnesses and i did not put down any witness on AQ , would it be helpful if i take their witness statments
* do i have to attend the hearing
* finally please explain what i need to do next.
please expalin the following:
1) this claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted.
2) the claim will be heard at (court address) on a date and at a time which is set out on a notice attached to this order, or which will be sent to you later.
3) From the available papers, it is estimated that the hearing will take two hours. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.
4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.
5)The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault haying to pay costs.
The following Directions apply to this Claim:
6) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.
7) The original documents must be brought to the hearing.
8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this Order.
9) The documents to be sent to the parties and the court must include the statements of all witnesses (including the parties themselves).
10) Witness statements must:
Start with the name of the case and the claim number; State the full name and address of the witness
Set out the witness's evidence clearly in numbered paragraphs on pages
end with this paragraph: .....
be signed by the witness and dated.
11) the judge may refuse to hear the evidence, or consider any statement, of any witness whose statatement has not been prepared and copied to all parties and the court in accordance with the paragraph above.
12)Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.
13) Because this Order has been made by the Court without considering reprentations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
many thanks
0
Comments
-
Did you also receive the order setting out the date & time of the hearing?
- I would send further copies of the documents at least 14 days before the hearing just in case (it is quite possile for the court to lose them!);
- Without knowing more details it's difficult to say but I can't see that witness evidence would be any use for a case like this - can your friends/family add any more than "s_m told be this was what they ordered but they didn't receive it"
- Yes you will need to attend the hearing
Basically it is for the Defendant to contact you now. Otherwise just proceed to the hearing.Wedding 5th September 20150
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