Small Claims Court

[Molly1]

Hi

We are the claimants taking a customer to the Small Claims Court for cancelling a cheque. I started this process in January and we finally have a hearing date for September. We received a letter 2 weeks ago asking the claimants (US ) to send to the court and to the defendant the documentation we intend to use for the hearing by the 24th July numbered and bound. The defendant also had to send to the court and to us their documentation that they intend to use numbered and bound by this same date. I sent both copies by special delivery to ensure they arrived by the 24th. However we have not received anything from the defendant who had to do the same.

Can we on the hearing date, object to the defendant's documentation being read out and used as evidence, as surely we are now at a disadvantage. The defendant has seen what we are going to use and they could change or amend any facts or details.

Thanks

[voltr4m4x]

No, the documentation you were required to submit is for use by the District Registrar and not the defendant. Conversely, the documentation required from the defandant is also for use by the District Registrar. The District Registrar will decide the outcome of the claim at the appropriate time.

[Molly1]

Hi Voltr

The court instructed us to send the defendant a copy of what we will be using and instructed the defendant to send us a copy of what they will be using by the 24th July. We the claimants did what we asked to do, but the defendant has not done what they have been asked to do. I have been told we can object to the judge on the day of the hearing because we have not received their defence

[Barmaid]

Standard Small Claims Track directions provide for each party to serve on the other side witness statements and documents in which they intend to rely at the hearing. You say you have not received his defence, but if there has been a trial date set, he must have entered a defence (even if it is just a bare denial) otherwise there would be judgement in default. Have a look at the Defence entered to see what he says about it - that should give you a clue.

However, whilst you can object, the Small Claims track is far more informal than more expensive litigation and it is likely that the Judge will allow the other side to be heard, since he has complete discretion on the evidence. having said that, if you are seriously disadvantaged and they have failed to comply with a court order, you should be able to get the matter adjourned and have the other party pay your costs in doing so.

I would suggest you read Part 27 CPR

http://www.justice.gov.uk/civil/procrules_fin/ menus/rules.htm#part21

and the associated Practice Direction to give you some idea of the rules which you will be operating under.

[voltr4m4x]

The answer posted by Barmaid (see above) is absolutelky correct and I would suggest you follow that advice very carefully. Meanwhile, I apologise unreservedly for having mis-read your original post. I missed your point about your having to provide the defendant with the appropriate documentation in addition to that which you had to send to the court.

Yes, raise your objections as suggested. Once again, please accept my apologies. I will take more care next time !

[Eve]

This may help you with the process in general..

http://www.adviceguide.org.uk/index/your_right s/legal_system/small_claims.htm