County Court Preliminary Hearing - What to expect?

AntoMac

Hello,
I’m after a bit of guidance re a preliminary hearing that I’m due to attend, please.
I am the defendant, having made a counterclaim against the claimant. Any idea what I might expect? I assume it’s along the lines of a fact gathering exercise, to get an initial idea as to whether the actual case might be heard? I assume that this would NOT be the time for me to take my witness along, although I would expect to reference that I would call her to the ‘actual’ hearing?

Would the claimant also be likely to attend, or would they have a separate preliminary hearing?

Apologies if these are daft questions. It’s all a bit unknown and daunting for me.
Thanks in advance.

A_Geordie

Typically, a judge would order a preliminary hearing so that they can understand the claim/counterclaim and enable them to give further case directions.

You have not described the claim/counterclaim so its difficult to pinpoint why the hearing was ordered but it could be for a number of reasons:

1. The judge doesn't understand the claim/counterclaim and wants to ask more questions.

2. The case is considered more complex and therefore wants to understand if both sides have everything they need for trial and to give further directions on the case.

3. The judge has concerns about the prospects of success of either the claim/counterclaim or both. The hearing might be used to indicate a judge's preliminary view of the case and might tell you both to try and sort it out to avoid a hearing.

Is there anything on the last court order stating the reason for the preliminary hearing?

No need for witnesses, or bundles and witness statements unless the court order says you must bring certain documents or evidence.

AntoMac

Many thanks for your reply. There is nothing on the last court order or additional information on the letter for the Preliminary Hearing. I’m given a time and a place. 

Additional text says ‘45 minutes has been allowed the Hearing.,
Please note: This case may be released to another judge, possibly at a different court.’

A_Geordie

Other than calling the court to see if there are any notes relating to the preliminary hearing and what it's about, you may just have to turn up and see. I would be surprised if it was anything drastic as I would expect the court order to explain, something along the lines of 

District Judge X has considered the papers and it is ordered that a preliminary hearing is to take place to consider whether the [claim/counterclaim] has a real prospect of success. 

That's not to say something like the above won't happen in your case, but you may want to review the documentation and ask yourself why the court might want a preliminary hearing. Have you or the other side complied with the Civil Procedure Rules in relation to the particulars of claim, defence or counterclaim? If you're confident that you've done everything by the book and followed the court's directions, then you should be in the clear from a procedural point and it may very well be a hearing to determine directions for the case, timelines for exchange of witness statements and evidence etc. 

I suggest you take a pen and notepad to the hearing and write anything important down. If the court makes any directions or timelines you are not comfortable with then consider asking the court to extend the timeframe or object to the directions politely (at an appropriate point, not when they are speaking so as to interupt them) and give reasons why. Equally, if a date for a hearing is set, think about holidays and when you might be taking them and ask the judge to set the hearing date before or after you have been on holiday, if possible. 

AntoMac

That’s really useful. I’ll take all of that into account. Thanks again