Going to Court Advice
Some legal disputes are not as straightforward as you think they will be. In such circumstances the last resort to get the redress that you deserve is the small claims court.
The small claims court exists to help you make claims against a company and recover legitimate compensation. Making a claim doesn't necessarily mean you need to use expensive solicitors to take you through the small claims procedure.
The price of subscribing to Which? Legal Service for a year equates to roughly fifteen minutes of a high street lawyer's time. Why risk losing what you are entitled to in legal costs when Which? Legal Service can help for a fraction of the costs?
The small claims court is a simple and easy process and we can guide you step-by-step through the process from issuing the claim to preparing the case for court.
The small claims system is slightly different for England and Wales, Scotland and Northern Ireland. Even though it may all be classed as a small claims case, the amounts that can be claimed vary - for England and Wales it is £5,000, for Scotland it is £3,000 and for Northern Ireland it is £3,000. The exact way that the cases are dealt with can also vary - although if you go through the small claims, it is unlikely that the case will be heard in a courtroom.
Going to Court
Top Tips on Going to Court
Preliminary hearings
If your case goes to court, there may be issues that need to be
dealt with before the final hearing. If so, the judge can hold a
preliminary hearing. All parties would normally be expected to
attend. While everyone's together, the judge is at liberty to see
whether here's any common ground and to encourage settlement
without a final hearing.
Expert evidence
If you think you need expert evidence to prove your claim, you
must choose someone all parties are happy with and agree on the
points that will be covered. If you don't, your opponent(s)
could request that another expert be appointed, on the grounds that
the one you chose is prejudiced in your favour. You will also need
the permission of the court in relation to the admission of an
expert report.
Seems to have two sections which are not relevant to Buying on
Credit. Preliminary hearings and Expert evidence. Can you delete
them from here and move to Top Tips Going To Court.
Before moving can you also please amend the section Expert
evidence to read:
The district judge will only allow an expert in a small claims
case if it is necessary. Unless express permission is given to use
expert evidence, it cannot be used. If an expert is allowed, the
court will want the expert to be jointly instructed by both sides
if possible. It is therefore important that all parties are happy
with and agree on the points that will be covered by the
expert.
The duty of the expert is to assist the court impartially and not
to promote the interests of one of the parties. The district judge
will specify the specialty of the expert which can be used.
A disincentive for the use of experts is expense. Not only will
the expense of an expert often be out of proportion to the amount
involved , but the winner cannot recover more than £200 towards the
costs of instructing an expert.
However the rules do recognise that in cases involving building
works, vehicle repairs and faults in computers that an expert may
be needed and will often allow an expert to be called in such
cases.
Call us before you take any action but remember these important tips:
- Make sure you set your case out in full to the other side
before you think about going to court
- Make sure that the other side of the argument knows that you
will be bringing a claim in the small claims court
- Send a letter before action to the other side setting them a reasonable deadline for responding. Make sure this letter is warning that court action will follow if they don't settle