Small claims court question (UK) what happens next?

Question

Hi all, someone is taking me to court through the small claims court. I have just filled in a form, and included all my evidence defending myself, off to the court. I understand that someone will now look at it and decide whether to actually take it to court or not. Is it actually a judge that looks at all the evidence and decides? Also, if it does go to court what can i expect? Will i have to sit face to face with the person who is making the claim against me?

Answer 1

When the Court has all the evidence they will have an ex parte hearing (without the parties present)  to decide whether to go forward on the evidence. If they do you will sit round a table with the claimant. There will be a pretend judge - called a Recorder - not a real judge but something like a barrister. Be a good idea is you can summarise your defence onto one page with bullet points, cross referencing if necessary to your defence documents, to use on the day.

As a rule of thumb if it's an ex landlord persuing you for anything whatsoever, he will win despite any overwhelming evidence in your favour, but that's just the way it is

Answer 2

i would be worried if someone was trying to obtain £5000 out of me!  

Answer 3

I presume you mean you have sent off your defence?

the court will send you an Allocation questionnaire to fill in and then directions, basically a timetable for the how the case will proceed to trial. Assuming the other side does not drop the claim and you do not settle it, it will go to trial and you will both have to attend

Answer 4

Stop worrying it's not as intimidating as it sounds. The hearing is usually in the Judge's Chambers and not open Court. They will help you all they can, you don't need to know all the legal jargon, just speak in plain English and give the facts. It is normally about another 14 days before you will hear anything, but it could be quicker depending on what the Plaintiff replies to your defence.  

Answer 5

It is highly unlikely that the claim will be decided simply on the basis of the paperwork you have both submitted.Even small claims go to a hearing but the hearing is "informal".It is conducted by a District Judge in chambers i.e a Court office not open Court and not a wig in sight.The parties face each other acros a table.The procedure is also "informal" but still a legal process.The parties are still expected to present their respective cases and prove their point(s).If either party or both is/are unrepresented expect the District Judge to ask more questions than if you had solicitors.You can probably expect to get a hearing date in the near future (unless there are some procedural issues to be dealt with first)  

Answer 6

A small claims court or county court depending where you are is not a criminal court it is civil, it tends to come into play when two parties are in dispute about a service, product or an outstanding debt, the claimant will file a suite against you and it will then be up to the sitting judge having heard both parties to come to a judgement if he finds against you he will inform you as to why and what the award will be, if he finds for you at that point the matter will be over, although the other person will have a period in which to appeal the decision should he not be happy with it

Answer 7

The plaintiff will get a copy of your defence and decide if he wants to proceed or not. Yes you will have to sit face to face with the Plaintiff and a District Judge will decide who is in the right> They do try to ensure that everybody has a fair say but can only decide on the evidence placed before them. Keep to the factsthey'lll give short shift to a long rambling story    

Answer 8

in my experience because you are defending the claim, they will just list it for a hearing. You will have to attend court and you may wish to try to negotiate with the claimant at that time. If you cannot settle the case you will both be called in and expected to give an account. The claimant will go first in their evidence and then you can cross examine, and then you do and they can cross examine you. The judge might intervene and ask their own questions too.

Answer 9

If both sides agree, the Court can decide on the basis of the paperwork alone. However, I feel this isn't going to happen, so eventually a court date will be set down. Don't panic, this is done very informally, no wigs, gown, histrionic speeches etc.It's usually just sitting around a meeting table in an office.

Hearings in the small claims track are informal and strict rules of evidence do not apply. The judge can adopt any method of dealing with the hearing that they consider to be fair, and they may ask questions of the witnesses before allowing anyone else to do so. The judge may limit the time that parties or witnesses have to give evidence.

At the end of the hearing, the judge will give the judgment. The judge has to give reasons for their judgment. The reasons must be given as simply and briefly as possible, and usually will be given orally to the parties present at the hearing. However, the judge may give them later either in writing or at a later hearing.