Letter before claim

Loadsofchildren123

Criminal, Civil and Family
Each has different divisions which deal with varying degrees of seriousness/value.
So Criminal has magistrates and crown court (and I think Crown Crt is subdivided perhaps as well, but I don't know)
Family has County Court level and High Court level (High Court will deal with "big money" and complex child cases such as child abductions)
Civil has plain old County Court and then the High Court which is sub-divided so that the more valuable/complex cases get judges with the right specialist experience - eg all Libel cases will go to the "Queen's Bench" and there is a Mercantile division and so on)
Lots of cases concerning issues over land don't go to a court but to the specialist "Lands Tribunal".


It's quite complicated!

Loadsofchildren123

Anyway, that's a lesson to me to check where the small claims rules differ from the main rules! Part 18 is another example, although I put in a Part 18 request anyway!!!

bargepole

Loadsofchildren123 wrote: »

...Civil has plain old County Court and then the High Court which is sub-divided so that the more valuable/complex cases get judges with the right specialist experience - eg all Libel cases will go to the "Queen's Bench" and there is a Mercantile division and so on)

And just to clarify further, in the County Court there are three 'tracks'.

The small claims track is for monetary claims up to £10,000 in value, and has its own set of rules (CPR 27). Essentially, strict rules of evidence do not apply, and the Judge is free to conduct the hearing in any way he/she sees fit. Costs are strictly limited, eg legal representation fees are not recoverable unless it can he shown that the other side has acted unreasonably.

The fast track is for claim values between £10,000 and £25,000, and for those cases the full CPR rules and procedures must be observed. A party who does not comply is likely to find their case struck out, and a hefty costs award against them.

The multi track deals with high value cases over £25,000, and sometimes due to their complexity will be transferred up to the High Court. These are generally complex cases lasting more than one day, and at this level barristers or QCs will be instructed, and some serious legal costs awarded against the losing party.

debs.c

hi, so your court date is soon then, heard any more bout that?

debs.c

please ignore!! posted to myself?

debs.c

so, one month before my court date and my witness now has an appointment which she cannot alter so is unable to come with me. I am still in recovery from my operations but want to get it over with. should i postpone? if so, how best to do this? thanks

Coupon-mad

As this thread is 10 pages long, remind us who the witness is and whether you have submitted your witness statement and hers already, or whether you are now due to exchange WS?

You can't postpone based on what you've said, IMHO. Can she postpone her appointment?

The last person I had emails from, whose witness could not turn up, actually lost (off forum). Their witness was abroad but would have been vital to confirming they had the right to park in a residential case. The witness had an email confirming it, which the defendant missed out of the evidence, for some reason.

So, if your witness cannot postpone her appointment, make sure you include ALL evidence (including any she has) and her WS in your court submission prior to the hearing, stating that she will be unable to attend.

debs.c

ok, my witness was present at the venue and witnessed what happened i.e. i was unable to reach the digital machine to enter my registration, she approached me in febuary and offered to be a witness..here is the witness statement,,,,,,,,,2)On the date the alleged offence occurred, Mrs X was also attending the Reel Cinema, Port Talbot.

3) Mrs X witnessed the defendant Y struggling to reach the digital ticket machine to enter her vehicle registration number (VRN) for evidence of parking.


4) Mrs X witnessed the defendant Y's need for assistance and recalls a staff member from the Reel Cinema entering the VRN into the digital system, which supports the defendant’s statement.

..... all statements have been submitted to the court, just waiting to attend in july. i will speak to her and ask if she can postpone her appointment. i assume i stilll attend court myself? if not, do I firstly need to contact the court to tell them my witnes is now unavailable? do i have to inform the claimant (MS) as well? do i need a confirmation letter of her appointment? thanks

Coupon-mad

i assume i stilll attend court myself?

You must.

do I firstly need to contact the court to tell them my witness is now unavailable? do i have to inform the claimant (MS) as well? do i need a confirmation letter of her appointment?

Have your WS, and hers, already been filed?

debs.c

ok ill go, yes both statements have already been filed