Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder marmot Novitiate

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    Default What is a Pre Trial Review?

    I have got a letter this morning from the court setting a date and time next month for a 5 minute Pre-Trial Review at the county courticon.

    Can anyone tell me what will happen? Is this just to sort out the paperwork, or will things be decided?

    The time is set for 11:30am. Could I change this time to earlier as it cuts the day in half and I won't get paid.

    Help appreciated.

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  2. #2
    Basic Account Holder bullyboy Novitiate

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    Question Re: What is a Pre Trial Review?

    I got the same thing at the beginning of this week I did ask the question at the link below but as yet no replys, I expect with the weather and all that people have been a bit busy this week. I have looked on the forum but cant find anything specific, knowing the helpful people on this forum I'm sure someone will give a few pointers soon
    http://www.consumeractiongroup.co.uk...boy#post496055


  3. #3
    Basic Account Holder mattfeisty Novitiate

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    Default Re: What is a Pre Trial Review?

    In mine the judge has ordered a preliminary hearing for February 9th. Is this the same thing??? Advice appreciated.


  4. #4
    Basic Account Holder marmot Novitiate

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    Default Re: What is a Pre Trial Review?

    Thanks for comments. Let hope someone can help us soon with this question.


  5. #5
    Basic Account Holder carter56 Novitiate

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    Default Re: What is a Pre Trial Review?

    hi i cant help but i am have just started the ball rolling with Barclaysicon so i am eager to find out anythng and everything so i will follow this link
    good luck
    linda


  6. #6
    Basic Account Holder marmot Novitiate

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    Default Re: What is a Pre Trial Review?

    Linda,

    Thanks for reply. I am sure someone can tell us what a 'Pre Trial Review' is. However, the lack of replies might mean the experts don't know.........(Red Rag to Bull hopefully)


  7. #7
    Basic Account Holder Bicester1 Novitiate Bicester1's Avatar

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    Default Re: What is a Pre Trial Review?

    Hi. They are not the same.

    A pre-trial review is for cases allocated to the multi-track and is dealt with in CPR29 and is a case management conference in Civil Proceedings. I suggest you contact the court manager and ask for clarification. You must attend.

    A preliminary hearing is for cases in the small claimsicon and is dealt with by CPR 27.The CPR Rule 27.6 states:

    27.6
    (1)The court may hold a preliminary hearing for the consideration of the claim, but only –

    (a)where –

    (i)it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

    (ii)it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

    (b)to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

    (c)to enable it to strike out (GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

    (2)When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

    (3)Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.

    (4)The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

    (5)At or after the preliminary hearing the court will –
    (a)fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;
    (b)inform them of the amount of time allowed for the final hearing; and
    (c)give any appropriate directions.


    Note the bit about striking out! PRELIMINARY HEARINGS ARE NOT THE NORM! You should have been given a reason for the hearing with the notification of it. If not you need to contact the court at once to find out why one has been ordered. With a bit of luck maybe the judge is considering striking out the defence! See Judge Tooms and Lincoln county courticon and kazzaw!

    You must be prepared to answer any questions the judge puts to you, these are not a formality.

    Hope this helps, good luck.

    Let us know what happens.

    Bicester1

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  8. #8
    Basic Account Holder marmot Novitiate

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    Default Re: What is a Pre Trial Review?

    Bicester1 - Many many thanks for you comments. This is most helpful. Can I ask therefore if I should go fully armed?


  9. #9
    Basic Account Holder Bicester1 Novitiate Bicester1's Avatar

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    Default Re: What is a Pre Trial Review?

    Hi

    Absolutely!

    Bicester1


  10. #10
    Basic Account Holder carter56 Novitiate

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    Default Re: What is a Pre Trial Review?

    marmot it sounds a bit scary to me i wonder if anyone else on here has attended one and what was the outcome ? good luck
    linda


  11. #11
    Basic Account Holder marmot Novitiate

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    Default Re: What is a Pre Trial Review?

    If they only allow 5 minutes for the review, what exactly will happen - for example by the time you have said who you are etc the time will have passed.

    Or might it be longer than 5 minutes.

    Will the bank's solicitors actual turn up, or will they find some devious way to stay away and simply waste my time?


    Umm.....if I go fully armed, what should I take?

    (Shotgun perhaps?)



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