County Court

[winstonian]

Is it possible to have a small claims hearing heard at a different county court than the defendants local one?

And how to request this?

Thanks

[Barmaid]

It IS possible and one would normally make the request on the Allocation Questionnaire. However, if the defendant is an individual the protocol is that it will be heard in his/her home Court.

[Eve]

It depends on the type of case though - is it a case for a specific sum of money or unspecified/personal injury?

As Barmaid said, there is a section in the Allocation Questionnaire where you can state if you have a particular court you want any hearing held at but it generally goes by the transfer rules unless there is a pressing reason.

[winstonian]

Thankyou,

The defendant is an individual, it is a small claim under £200, they do not have an allocation questionnaire just a response pack which includes Acknowledgement of service if defending and an admissions from if not and a counterclaim form.

The acknowledgemnt of service from asks if defendant name is different than overleaf which its not, it also asks which address any documents should be sent to relating to the claim. It does not say anywhere where defendant can state preference of court.

There is a pressing reason but the link cannot be formed as the company bringing the claim has an "invisible" director who was previously employed within another sector and is favoured with close friends in local places if you see what i mean. As i say there is no way of connecting this person with said company but it is 100% that they are the owner.

Very frustrating, one thought is that on the claim form acknowledgment it was asking if any further documents should be sent to a different address, I dont know if it means that if a friends address was used it would then be allocated to a local court in that area and nor does it say that you have to live there.

[Eve]

The address is the address for service and very important for the receipt of documentation.

The chosen court doesn't have to be the most local one, it's a preferred Court for hearings so technically any County Court which hears cases. I wouldn't go too random though as it could be questioned.

You won't have an Allocation Questionnaire as yet. Once a Defence has been filed the Allocation Questionnaires will be sent out - as the claim is being defended and will move to a hearing, the AQ is to gain information which is then used by the appropriate County Court to allocate the claim as appropriate.

[Eve]

The claimant will also be notified of any change of address on the Acknowledgement of Service.

[winstonian]

Thankyou both I think then the best course of action would be to suggest a different court address on the allocation questionnaire when it arrives. I know the defendant would not go very random but just needs to stay away from their local one.

Very knowledgeable, not a solicitor by chance either of you :)

Thanks very much

[Barmaid]

Yeah - Jenna is a solicitor so she knows her stuff.

[Vivkins3]

You could ask for it to be heard in your local court on the grounds that the contract was made in that area. If that is the case of course. There is no guarantee that your request will be grqanted though. We recently had to sue somebody in Somerset (we live in Kent) and had to travel there for the hearing. We were pretty cheesed off about it but we were awarded very generous travel costs (fixed rate) etc - far more than the actual cost.

[winstonian]

The facts are that the person suing the defendant lives in the same local area of the courts and the defendant.
The claimants previous employment could leave an unfair balance in their favour in the path to justice.
The case would necessarily need to be heard within the county but in a different county court.