Small Claims Court: Preparation for Hearing

Uptown_Boy

If the LBC expands on the Particulars of Claim (i.e. your claim form) then it would be worth including, as it would clarify exactly what the claim is for and would make it clear to the judge that you'd tried to resolve this prior to court. But there's no necessity to include it.

KeithP

You seem to have glossed over costs.

You must file a Costs Schedule with the Court and the Defendant at least three days before the hearing date.

Failure to do that will allow the Defendant to object to being ambushed and plead that the Cost Schedule be struck out. - Should you win the case of course.

steampowered

Bundles are supposed to be "agreed" between claimant and defendant before the court hearing, where possible.

Best practice would be to send the defendant a list of documents you intend to include in the bundle, and invite them to agree that list. If the defendant does not reply, go ahead anyway.

Uptown_Boy

KeithP said:

You seem to have glossed over costs.

You must file a Costs Schedule with the Court and the Defendant at least three days before the hearing date.

Failure to do that will allow the Defendant to object to being ambushed and plead that the Cost Schedule be struck out. - Should you win the case of course.

Thanks Keith ... I wasn't sure about how this worked from a Claimant's perspective.

Burnham101

KeithP said:

You seem to have glossed over costs.

You must file a Costs Schedule with the Court and the Defendant at least three days before the hearing date.

Failure to do that will allow the Defendant to object to being ambushed and plead that the Cost Schedule be struck out. - Should you win the case of course.

Does this include the costs from the claim or just the ones from filing in the courts e.g. original claim fee, hearing fee, loss of earnings?

Burnham101

steampowered said:

Bundles are supposed to be "agreed" between claimant and defendant before the court hearing, where possible.

Best practice would be to send the defendant a list of documents you intend to include in the bundle, and invite them to agree that list. If the defendant does not reply, go ahead anyway.

Thank you

KeithP

Burnham101 said:

KeithP said:

You seem to have glossed over costs.

You must file a Costs Schedule with the Court and the Defendant at least three days before the hearing date.

Failure to do that will allow the Defendant to object to being ambushed and plead that the Cost Schedule be struck out. - Should you win the case of course.

Does this include the costs from the claim or just the ones from filing in the courts e.g. original claim fee, hearing fee, loss of earnings?

Cost of attending any hearing - should that be necessary - travel to and from court. Loss of earnings due to attending a hearing - capped at half a day at £95.00. Court fees - filing fee and hearing fee. Take a payslip or similar to confirm any loss of earnings.