Is There Any Particular Prosecure To Present A Defence In Smalls Claim Court

[winstonian]

Not being familiar with the courts how formal or informal is small claims. I have to defend a claim against me and I have my defence but am just wondering if I have to offer it up in any particular way or do I have to make any statement etc.

[factor-fiction]

I assume you meant to type Procedure.
See here: http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm
and tab down to
"If the defendant is defending the case"

[winstonian]

that explains a bit more thankyou.

[tonywiltshire]

Very informal, no gowns judge probably in business suit, sit around a table in an office not like a court just tell them your story, in my experience county court judges are usually very sensible.

[Peter Pedant]

Yeah Tony only the really crap ones become High Court Judges....

Joke Joke It still rankles that a contemporary of mine went onto the High Court having ignored perjury in a lower erm venue. He was so wise you see, he cd see past the perjury and found no reason to vary his opinion. I still spending my time roaring with laughter wnen Plebgate gets a re-run.

Small Claims - one of the real successes for actions under fivethou I think.
Very straightforward and you come out with a view that the judge was actually interested in trying the issue.

If you enter a defence - anything in plain English will do: " I say that there was no contract because.....

then you will be called a hearing, and as TW says above.

Call the judge Sir or Ma'am depending on gender.
Talk to the judge
don't interrupt
and don't point at the plaintiff or what ever he is nowadays and scream Liar ! Liar !

and good luck.

[Barmaid]

Usually the Court will lay down standard directions stating what has to be done and by what dates.

One of these standard directions is "Each party is to file and serve witness statements on which they wish to rely by 4pm on ****".

This is a point often missed by litigants in person since they take the view "there are no witnesses". What you have to say about your case is as much evidence as what someone else saw and heard so you must file a statement saying what happened, when and where and attaching any supporting documents.

You should start the statement by saying

I, Adam Brown, painter and decorater, of 1 Any Street, Anytown, Anyshire will say as follows:

Then in numbered paragraphs tell your story in your own words.

The statement must end with a statement of truth which says "I believe the facts contained in this witness statement are true", signed and dated.

keep the statement relevant and don't introduce irrelevant issues. Also as Peter Pedant says, don't resort to calling the Claimant a liar and a thief!

[Eve]

The Statement of Truth is very important. Also make sure that it is headed up as a Defence to make it absolutely clear.

As the others have said, keep it to the point and numbered paragraphs are good, also keep things ordered chronological etc..., attach evidence if appropriate such as invoices/receipts. Send copies rather than the originals and keep copies of everything that you send.

The easiest way is to use the Defence form provided in the Response Pack which should have been attached to the claim form when you received it.

Is it a claim for a specified amount of money or unspecified amount (ie to be decided)?

The forms are different but you can find them on the Court Form Finder - a Defence form is form N9 but make sure you get the right one if downloading a copy (as said, easier to use the one in the response pack if possible but if you want to type it then make sure it's the correct form). It's N9B for specified and N9D unspecified:

http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

You can also download a guide from the same search, type in EX303 which gives some information about defending a claim generally.

You will see the Statement of Truth referred to on these forms too.

Note that a copy of the Defence will be sent to the claimant.

If you are making any counterclaim, make sure you send the appropriate counterclaim fee with it.

Finally, make sure you are aware of all the timescales by which documentation needs to be filed so you do not risk having a judgment entered against you.

[Eve]

Just another point, to make it clear so there is no confusion, Barmaid is absolutely right in that directions will be made if the claim proceeds that far, however, in small money claims, there are set timescales for initially acknowledging and defending a claim - these are set so do not wait for directions to be given.

These are detailed in the Response Pack mentioned above. Also detailed in the N1C, also downloadable form the above link.

Just another tip, make sure that you send the Defence to the correct place.

[winstonian]

Thankyou all, its making me feel a bit more comfortable..

[winstonian]

Can any further statements or evidence for defence be admitted after the allocation questionnaire has gone back?

[Barmaid]

Yes! I think you are getting confused with the Defence and a witness statement. They are different documents with different purposes. The Defence sets out what your case is (without including evidence). The Witness statement sets out ALL your evidence and exhibits important documents.

Procedure is this:

Claimant files and serves Claim form (sometimes particulars are on the claim form and sometimes they follow - check the claim form for what has happened here).
Defendant files and serves Ack of service 14 days later.
Defendant files and serves Defence 14 days after that.
Both parties file and serve Allocation Questionnaires.
Court lays down standard directions.
Both parties comply with directions - INCLUDING filing and serving witness statements as detailed in my earlier post.
Case listed for hearing.

[tonywiltshire]

I am sure no one would want to create the impression that the small claims procedure is difficult, complicated or requires special skills, it does not. The directions are simplified and the atmosphere very relaxed, it is designed for lay people to recover small sums or defend against small claims, though £5,000 too many people is not a small amount, it is unusual to be represented and no one should concern themselves over appearing.