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small claims court process

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i'm in the process of putting a bundle together (THANKS VAUBAN) for a case and would appreciate some further advice.

I'm quite happy with the arguments but I'm not too sure about the procedures.

I have posted my N1 and received notification of j2 putting up a defence.
I just received a letter to confirm that j2's defence has been posted and I shoulf have received a copy (I hadnt but they have now emailed me one).

The question I have is that how much detail do i put in the 'particulars of claim' and if you hold information back for the court case how do you reveal it at court.

what is the step by step process at court?
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Comments

  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    I would put in as much information as you feel it is necessary to include ie overkill if necessary. This generally means the loss of a further tree as 3 copies (yours/Jet2/Court) are required and whilst it seems stupid to include, for example, 261/2004 (etc) you have to assume your Judge is not aware of the relevant law and it therefore needs to be bought to his/her attention.


    On the day of the hearing you should prepare 3 copies of a skeleton argument (circulation as mentioned) possibly around 2 pages which draw upon all the evidence (bullet points) included in your bundle and a copy should be given to the clerk prior to your hearing. Thus the judge has a succinct analysis of your position prior to your entering court. You can include any last minute items which have come to light eg if you have found someone of the same flight who has been paid flag this up as it will obviously be in your favour.


    Cases are conducted in very different manners dependant upon the court. In one of my hearings the judge had read through my bundle, understood the case so asked Monarch's barrister to speak first. I didn't get a look in - basically the judge told the barrister that Monarch were on a hiding to nothing and awarded me the claim.


    Do not worry about 'your day in court' - in most cases everything is very relaxed and so long as you are well prepared and have a strong case (which I'm sure you have) you will leave court a happy person in the knowledge you have your money but more importantly Jet2 their comeuppance.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    See if you can find the "Taking the Airlines To Court" thread - there's lots in there. (It's probably well buried unfortunately by threads aking if you need to accept vouchers.)

    Or if you can find my write up in the "Court Successes" thread, I did a link to some of the key docs I submitted, so you can get a feel for what's required.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    For ease of reference, here is my skeleton argument/main documents for the bundle: https://www.dropbox.com/s/fif1qhv7zkd83w6/Particulars%20and%20Argument.pdf?dl=0

    and here is a second written submission I was asked to provide after my second hearing (long story!):
    https://www.dropbox.com/s/axmxr0os9sbt1ce/Final%20Argument.pdf?dl=0
  • NoviceAngel
    NoviceAngel Posts: 2,272 Forumite
    Part of the Furniture
    Can't really add to that little lot...

    Just to add I found the whole Court environment very friendly and Liverpool were very accommodating to me and Ron, It was very relaxed and the Judge is just dressed in a smart suit no wigs or gowns...

    So I'll just say the very best of luck from me :A
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Who has E-mailed you the defence ?
    I do Contracts, all day every day.
  • mfl394
    mfl394 Posts: 7 Forumite
    I beg to differ on the advice given above.


    It would appear that you have yet to receive your allocation questionnaire. When you do you are entitled to return it with your fully detailed claim and reply to their defence. The supporting bundle of documents on which you intend to rely is not required at this stage.


    The advantage of this approach is that as these claims tend to be referred to a Judge in the Liverpool County Court for case management purposes the Judge can see what the issues are and the basis of your claim which is likely to lead to more effective management. In my case the Judge has proved helpful and, in particular, has asked the airline to provide details of all other claims relating to the same flight.
  • stevemej
    stevemej Posts: 135 Forumite
    Who has E-mailed you the defence ?

    2birds - they say they posted the defence by 1st class post on 5 march. So they have 10 days on us.
  • stevemej
    stevemej Posts: 135 Forumite
    mfl394 wrote: »
    I beg to differ on the advice given above.


    It would appear that you have yet to receive your allocation questionnaire. When you do you are entitled to return it with your fully detailed claim and reply to their defence. The supporting bundle of documents on which you intend to rely is not required at this stage.


    The advantage of this approach is that as these claims tend to be referred to a Judge in the Liverpool County Court for case management purposes the Judge can see what the issues are and the basis of your claim which is likely to lead to more effective management. In my case the Judge has proved helpful and, in particular, has asked the airline to provide details of all other claims relating to the same flight.

    The document is called "Notice of Proposed Allocation to the small claims track" - we must complete the small claims directions questionnaire (form N180) and file it with the court office before 27 march.
  • stevemej
    stevemej Posts: 135 Forumite
    Yes you're right. i just checked and the N180 form is just to confirm that small claims is the right place and also which dates and locations are convenient etc. It also talks about mediation.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    If they have not sent the defence by post in the correct manner, ignore the e-mail if its directly from them.
    I know everyone says, ooo play fair, but if they fail to file a defence on time they just hand you the game.
    Unless you slip up and told them it arrived by E-mail, I would ignore it ask them to prove in court they posted it.
    I do Contracts, all day every day.
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