I am making a claim in the small claims court

[weas]

the defendant is a pain and trying every trick in the book, i have been informed by the court , there is to be a hearing soon as he wants to transfer the case to fast track , i have been told if this happens i will need a solicitor and things get more difficult help !!!!!!!!!
weas

[Buenchico]

Has the court already transferred the case to the Fast track? If not, and your claim is for less than �5000, you have the right to state your reasons why you believe the case should be dealt with within the Small Claims track. (See the links below for information about how to do this). The judge will then allocate the case to the most appropriate track.

From HM Courts Service website:
"If the amount of your claim suggests that it may be allocated to the fast or multi-track, you should seek advice from a solicitor, Law Centre or an advice agency. Neither of the procedures for these tracks are straightforward and both will usually lead to a formal trial in open court which members of the public can attend.

Even if you feel able to present your own case to a judge in court, you may find you need some professional help with the preparatory work needed before the trial. If you have not already done so, you should ask, when you seek advice, whether you are entitled to receive a solicitor's help free or by paying a small contribution. Some solicitors may also handle your claim on a 'no win, no fee' basis.

As a general rule, for either of these tracks, the winning party would normally expect to recover some of their costs, including their solicitor's costs, from the losing party".

These links might help. (They're all multi-page documents, so you have to keep clicking 'Next'):

"The defendant disputes all or part of my claim":
http://www.hmcourts-service.gov.uk/infoabout/c laims/dispute/index.htm

"The small claims track":
http://www.hmcourts-service.gov.uk/infoabout/c laims/small/index.htm

"The fast track and the multi track":
21:51 Wed 27th Sep 2006

[Buenchico]

I hate it when AB does that!

Let's try again:

"The fast track and the multi track":
http://www.hmcourts-service.gov.uk/infoabout/c laims/fastmulti/index.htm

Chris

[Golden Shred]

It is only an application by your opponent and it will either succeed or fail. You should write to the Court saying that you wish to oppose the application and will be attending the hearing. You can give your reason(s) in the letter if they are straightforward and unlikely to change or you can wait until you have heard your opponents statement at the hearing and then give your reasons if you are quick-witted enough to be able to absorb the key points of someone's statement and then immediately make up a sensible counter statement. Your opponent may succeed if it is a complicated matter likely to take up more than two or three hours of a courts time or if the outcome is likely to be over the small claims limit. If so you will need a solicitor and barrister. It will not be heard for six months or more, will take a minimum of 3 days, you should budget your costs at �10000 - �12000, your opponents costs will be the same, you have to pay his if you lose so set aside �30000 to be on the safe side. If you feel uncertain about pleading your objection yourself at the hearing you are entitled to take along a solicitor (or barrister - better still) to do it for you.

[weas]

Thanks very much for the replies. I had no idea that I had to write an objection, I thought I justthad to turn up, tell the truth and hope that the judge can see what the defendant's game is, ie: pushing it until I can no longer afford to fight the case.

[Buenchico]

Hmm, so Golden Shred reckons that a full hearing will take 'a minimum of three days'. Well, I've sat in on quite a few Fast Track trials and I've never known any case take more than one day. (In several cases the court has sat at 10.30am and the matter has been resolved before lunch). Even the HM Courts website states that Fast Track trials rarely take more than a day.

GS also seems to think that you need the services of a solicitor and a barrister. While I have seen a barrister appear before a County Court, to represent a party in a Fast Track trial, I'd definitely say that this is unusual. Solicitors have the right to represent you before the County Court and they would not advise employing a barrister except in very exceptional circumstances. While I'd personally be happy to appear before a County Court without any representation, I'd still advise that you seek the services of a solicitor (but not a barrister).

At least GS and I agree that you have the right to object to the case being moved to the Fast Track process. The opportunity to do this should be provided with the form that the court should have sent to you. (You don't need to write a separate letter but there's nothing to prevent you from doing so). If you read through those links I provided, you'll be able to get an idea ofthe criteria which the judge will use when deciding which system to assign the case to.

Chris

[weas]

Thank you so much ,for your really helpful comments, we have written a covering letter to the court and is now being delivered!! it all happens next week , we feel are case is an easy one ,we buy goods trader takes them back ,as they they were damaged by his tradesmen takes the goods !! and keeps the money !! (�4000) i do hope there is justice in the world ,i will keep you posted

[Golden Shred]

You have done exactly the right thing in writing to the court. The Judge will read the file up to 3 days before the hearing and when you are called in will already have made up his mind as to the outcome based on the file. It is wise to phone Court Services and make sure that your letter is on the file with the Judge - Court Services are often slow and sloppy so get hold of someone to follow it through and see. Remember that it is your opponents application, not yours, and that the majority of the conversation will be between the Judge and your opponent. It is unusual for this type of application to be made without representation - usually a young barrister appears and bangs on and on to get his own way. The hearing is not to decide your case but to decide whether there is (a) complexity (witnesses, expert witnesses, points of law etc) sufficient to warrant a more formal hearing and (b) whether the outcome might be above �5000. When you are given a chance to speak at the hearing you must show (a) that the matter is more simple than making a cup of tea, and (b) your claim is limited to �5000. Remember that you can re-write your claim to simplify it as many times as you like up to the hearing but you must not add new material.

[Miss Zippy]

Oh dear, Golden Shred, have you been reading "Legal process in a nuthshell" and become confused? As I've seen from other postings you've made, your knowledge of law and the legal process is negligible and it is irresponsible and potentially dangerous for you to be posting responses on subjects you know little about. Someone could rely on what you say in good faith. It is absolute nonsense to say that barristers are used as a matter of course in fast track cases. This would be highly unusual (as Buenchico states) and, in in 99.9% of cases, totally unnecessary. A judge who sees that Counsel has been used unneccessarily is unlikely to award the costs of Counsel; so, even if a party who used Counsel won their claim, they could not recover their costs against the other party. One of the reasons why the civil procedure system was overhauled in 1999 (following Lord Woolf's recommendation) and that the fast track was created was to make it cheaper, easier and quicker for parties to use the courts.

[Golden Shred]

Tripe.

[sassenach]

It's probably too late now for you weas, but my comments for what they are worth are that contrary to what Golden Shred says, a fast track hearing should last less than 1 day and would normally be heard within 6 months not more than 6 months. This would normally be the right track for cases worth between �5,000 and �15,000. The costs would not necessarily be as high as �10,000 at all, it depends on the type of case. If it does go to fast track you should have a solicitor as it is not designed for people to represent themselves. Barristers are often instructed on fast track cases, although again it depends on the nature of the case. When you get to your application hearing, do not assume that the judge will have read your letter as often they will not have had time to read the court file - and no way 3 days before! Good luck.

[Golden Shred]

More tripe.

[weas]

Dear all miss zippy ,goldem shred, and buenchicio, thank you all so much for your helpful comments and advice,I went to court today!! argued the toss with a barrister, who offered all my money back!!!!!!! went into the jugde got an order for my �4000 thank you all so much ,do not fall out with each other you were all really helpful and i thank you from the bottom of my heart
kind regards weas