Small claims procedures - what does this mean?

[brianx]

Hi

 

I'm due in a small claims court and have received a thing from the County Court which says:

 

The parties must file at the court and serve on the other party not later than 14 days before the hearing the following:

 

a) copies of all documents on which they wish to rely

 

b) statements of all witnesses, including the parties, upon whose evidence you wish to rely

 

...

 

I have 2 questions if some kind soul could answer them:

 

- what does serve on the other party mean? That is, am I advised to send it recorded delivery and what happens if I don't send recorded delivery and it doesn't arrive? What if I deliver it to their address in person? Do I need evidence that I've done that ? Does it need to be to their registered office address?

 

- what does statements of all witnesses, including the parties mean? Does it mean I have to make a statement of what I'm going to say in court?

 

Thanks in advance

 

Brian

[maybelline]

Making a Claim

 

have a look through this which should answer some of the questions, and good luck.

[brianx]

Making a Claim

 

have a look through this which should answer some of the questions, and good luck.

 

Thanks - but I've already looked through all this and couldn't find what I was looking for ...

 

Brian

[scousegeezer]

I think what you want to know is this - personal service is best - get the bundle of papers together and make a list on the front page of what is in the bundle. Get the other person (agent) to check the bundle against the list and sign for them. You can send reg/recorded delivery, but no guarantee of arriving (in time ).

 

The bundle should contain any statement from witnesses including experts and from your self - even if your statement just contains the alleged facts of the case. The statement of facts will be more or less the information you laid to issue. Hope this helps.

[Guest 10110001]

I have 2 questions if some kind soul could answer them:

 

- what does serve on the other party mean? That is, am I advised to send it recorded delivery and what happens if I don't send recorded delivery and it doesn't arrive? What if I deliver it to their address in person? Do I need evidence that I've done that ? Does it need to be to their registered office address?

 

It means send to the other parties all documents which you intend using in court or to support your claim or defence.

 

You dont need to use recorded delivery. Section 7 of the Interpretation Act 1978 legislates an item posted is delivered unless evidence to the contrary if found e.g. the item is returned to you undeliverable.

 

- what does statements of all witnesses, including the parties mean? Does it mean I have to make a statement of what I'm going to say in court?

 

Its a generic advice from the court. It means you must send copies of your statement supporting your claim to all persons involved in the case, e.g. a co-defendant if any.

 

 

in advance

 

Brian