Small Claims Court: Preparation for Hearing

Burnham101

Hi 
I have a court hearing in January and I'm a little stressed. I am taking someone to court as I lent them money and they have not paid me back (hard lesson learnt ). I've gone through their defence where they accuse me of making up evidence to help my claim.   I have paid the court fee and am putting the hearing bundle together. From what I've read I need to include:

• the original claim form
• the defendant's defence 
• my witness statement

Is there anything else I need to add?

I also haven't received the defendant's witness statement and the deadline set by the court has passed. What can I do about this?

Does anyone have any experience with the Small Claims, particularly remote hearings? I'm confident I will win and I think I have a strong case, but if anyone knows the process and could offer some advice , would be greatly appreciated   
Thanks

Uptown_Boy

Are you asking about what you need to take to the hearing, or what you need to file with the court (and serve on the defendant)? If the former then you need what you've listed plus the defendant's Witness Statement (if they file it and the judge allows it).

As regards the lack of WS ... wait a few days and then notify the court that the D's WS has not been served on you per the court's stated requirements, thus you request the court to strike it out should it subsequently be filed and served (late). Whether the judge will agree is a separate matter ... whilst there are rules and procedures in small claims, judges have case management powers to allow/strike out as they see fit.

MattMattMattUK

Do you have supporting evidence for your claim, or is it "he said, she said"? Once you receive their statement you should also prepare a rebuttal.

If you have not received the defendants witness statement you should ask the court for a copy, if the court has not received it and the deadline has passed then it could well be deemed inadmissible and you will win by default. 

Burnham101

Uptown_Boy said:

Are you asking about what you need to take to the hearing, or what you need to file with the court (and serve on the defendant)? If the former then you need what you've listed plus the defendant's Witness Statement (if they file it and the judge allows it).

As regards the lack of WS ... wait a few days and then notify the court that the D's WS has not been served on you per the court's stated requirements, thus you request the court to strike it out should it subsequently be filed and served (late). Whether the judge will agree is a separate matter ... whilst there are rules and procedures in small claims, judges have case management powers to allow/strike out as they see fit.

Thanks for this! It's already been a few days so will notify the court tomorrow When I spoke to the court they said judges were pretty strict about the deadline so fingers crossed. 
I was going to file the bundle with the court and the defendant and then bring this with me to the hearing. 
It's a two-hour hearing; any idea how it's structured? 

Burnham101

MattMattMattUK said:

Do you have supporting evidence for your claim, or is it "he said, she said"? Once you receive their statement you should also prepare a rebuttal.

If you have not received the defendants witness statement you should ask the court for a copy, if the court has not received it and the deadline has passed then it could well be deemed inadmissible and you will win by default. 

Yes I have messages, bank statements etc. Think they have dug themselves quite a big hole by lying in their defence. 

The instructions were to send to both the court and the other party; as they have not followed this (if they have even sent it to the court) could the D's WS still be deemed inadmissible? 

Uptown_Boy

If you've already filed your claim and WS with the court (and served on the D - which I presume you have done, since you're querying the D's lack of filing of a WS) then you don't need to file yet again - and you certainly don't file the D's defence with the court! (Think about it). The only time you'd pull together the whole court bundle is a) if it's a phone of video hearing, and b) the court has instructed the C to file the court bundle. So what does YOUR court order say?

As regards the hearing (having never attended one myself, but having read about them):

• Judge will introduce him/herself and invite the C and D to introduce themselves
• Judge will give an overview of the case and then (usually) ask the C to make their statement of case, with reference to the claim and WS. At this point you'll start by raising a preliminary matter (if the judge hasn't already addressed it) regarding the D's late WS (if filed), and request that it be struck out due to non-compliance with the court's order.
• Judge will then ask the D to make their statement of case, with reference to the defence (and WS if filed and allowed)
• Judge will then summarise and reach a decision.

Remember to ask for your ordinary costs at the end (if you win) ... filing and hearing fees, travel to court (fares / mileage / parking), and loss of earnings (capped at £95 per day). If you don't win then pray that the D doesn't remember to ask for their ordinary costs.

Uptown_Boy

Check with the court (phone) whether the D has filed a WS. If they have then inform the court (in writing - as I mentioned previously) that the D has failed to serve their WS on the claimant as required by the court's order and request that it be struck out. Failing that, request that you be able to file a late Supplementary WS as necessary depending on when/if the D serves their WS on you.

Burnham101

Uptown_Boy said:

If you've already filed your claim and WS with the court (and served on the D - which I presume you have done, since you're querying the D's lack of filing of a WS) then you don't need to file yet again - and you certainly don't file the D's defence with the court! (Think about it). The only time you'd pull together the whole court bundle is a) if it's a phone of video hearing, and b) the court has instructed the C to file the court bundle. So what does YOUR court order say?

As regards the hearing (having never attended one myself, but having read about them):

• Judge will introduce him/herself and invite the C and D to introduce themselves
• Judge will give an overview of the case and then (usually) ask the C to make their statement of case, with reference to the claim and WS. At this point you'll start by raising a preliminary matter (if the judge hasn't already addressed it) regarding the D's late WS (if filed), and request that it be struck out due to non-compliance with the court's order.
• Judge will then ask the D to make their statement of case, with reference to the defence (and WS if filed and allowed)
• Judge will then summarise and reach a decision.

Remember to ask for your ordinary costs at the end (if you win) ... filing and hearing fees, travel to court (fares / mileage / parking), and loss of earnings (capped at £95 per day). If you don't win then pray that the D doesn't remember to ask for their ordinary costs.

Sorry! I will only file the things mentioned earlier. I have served my WS to both the court and the D. My notice does say to prepare a bundle for a remote/phone hearing and to liaise with the D to "agree key documents" which I think is unlikely. Will remember ordinary costs!

Burnham101

Uptown_Boy said:

Check with the court (phone) whether the D has filed a WS. If they have then inform the court (in writing - as I mentioned previously) that the D has failed to serve their WS on the claimant as required by the court's order and request that it be struck out. Failing that, request that you be able to file a late Supplementary WS as necessary depending on when/if the D serves their WS on you.

Okay will do

Uptown_Boy

If you as claimant have been requested to prepare a court bundle, to be filed (and served) C days before the hearing, then prepare the bundle with all your documents and those served by the D, namely:

• Claim form
• Defence
• Claimant's WS

If there's no filed and served Defendant's WS then you don't need to include it in the bundle. Make the bundle a single PDF file (if possible - there are online resources that will shrink PDF file size) and email it to the court (file it) and email it to the D (serve it) the specified number of days before the hearing. (You can do both in the same email). Make it clear that you have included all documentation that you have filed and served, and also all documentation that the D has filed and served ... the the D argue the t*ss with the judge about failing to comply with the court's order regarding their WS not being in the bundle.

Burnham101

Uptown_Boy said:

If you as claimant have been requested to prepare a court bundle, to be filed (and served) C days before the hearing, then prepare the bundle with all your documents and those served by the D, namely:

• Claim form
• Defence
• Claimant's WS

If there's no filed and served Defendant's WS then you don't need to include it in the bundle. Make the bundle a single PDF file (if possible - there are online resources that will shrink PDF file size) and email it to the court (file it) and email it to the D (serve it) the specified number of days before the hearing. (You can do both in the same email). Make it clear that you have included all documentation that you have filed and served, and also all documentation that the D has filed and served ... the the D argue the t*ss with the judge about failing to comply with the court's order regarding their WS not being in the bundle.

Okay, do I need to include the letter before small claims that I sent to the D as well? 
Appreciate all the help