MoneyClaim - preliminary hearing

BenKart

Hi all,

I've got notice of preliminary hearing stating:

45 minutes has been allowed for the Hearing
Reasons for the hearing: whether case suitable for small claims (despite value) and whether particular directions required.
Parties to file and exchange copies of contracts they say govern their relationship 3 days before Preliminary Hearing.

In this case I am defendant. 
Claimant haven't sent me any documents yet. Should I send documents to them anyway? Or send to them only if they send documents first?

I doubt claimant will appear in the court, I think they don't have grounds for claim and just tried to intimidate me with money claim. What happen if claimant won't come to the court, can case be struck out? 

I've never had hearing before. Can you tell me what I can expect during this hearing? Is judge going to analyse contracts? 

Thanks.

Khaderbhai

I would send through documents to the claimant and court if thats what the letter states. I have seen it, although it is rare, where the judge has dismissed the defence because no documents were submitted.

In my experience, its unlikely the claimant will do a ‘no show’ as that would result in them losing the case and risk incurring further costs. 

saker75

Send the files because that’s what is required and is the sign of a confident and legitimate defence. 

DullGreyGuy

In England the judges in civil cases are impartial and there purely to judge based on what is presented to them, they do not investigate the case or look for additional evidence etc as they do in other legal jurisdictions. 

You should follow the courts direction, two wrongs dont make a right and you've better chances of winning and on costs (if it goes into Fast Track) having followed the CPR and courts directions. 

If the claimant doesnt show then the judge can decide to strike out the claim unless they've given them dispensation for non-attendance in advance