Guide EX301 “I am in dispute what can I do” – is quick navigator in the world of disputes, explaining the ways of its resolving. You can read a lot of of articles, forum threads, ask advice in social network, but the first thing to do is read this guide and try to define on what stage you are and further right steps to go ahead.
This leaflet provides the ways you could resolve an issue without starting a claim.
It offers several method of resolving issue which depends on type of dispute. There are negotiations with other party, Mediation, using Ombudsman service or Regulator. As well, guide provide alternatives to the court trial.
Guide contains useful links to the sources how to start a claim, what is the limit for small claim, what is the court fee and other possible expenses.
The next guide is EX302 “How do I make a court claim?”, directly related to the Small Claims procedure.
This guide give explanation about:
- Are you formally ready or not to start a claim? You could check whether you make all possible and necessary action before the issue court claim to decrease risk being rejected by the court due to fail to comply with pre-action protocol.
- What is the way to start a claim? Filling paper form online or send it via post.
- Could you claim interests on the money owed to you?
- What documents or form will you get after starting a claim
If claim was issued against you it better to refer to the guide EX303 “A court claim has been made against me”. If you got notice of claim you have 14 day to reply.
Possible and necessary action is explained in this leaflet, such as
- Should you contact to the claimant
- Could settle out the dispute if small claim has been issued
- Allowed time for response
- How to ask a more time to complete your defense?
- Will you have to go to the court or ask legal advice?
- How to admit or defend whole claim of some part of it?
Next action after small claim has been started is described in the guide EX304 “I’ve started a claim in court - what happens next?”
It may help to get answer to the questions such as:
- What to do if the defendant didn’t response?
- When could you ask the court issue judgment by default?
- What t if defendant agreed to settle claim?
- Defendant has offered amount but you don’t agree with it.
- Defendant has filed defense against or accepted just part of the claim.
- Why your claim was stopped or stayed by court?
- When you could request judgment by default to the court?
This guide would give a starting-point in resolving different situation that could happen between claimant and defendant after claim was issued. For example, if you didn’t accept defendant’s offer you should complete Notice of Admission and notify court in certain time. As soon as court gets details from you, the next order would be issued.
Guide EX305 “The Fast Track and the Multi-Track in the civil courts” gives general information how the case could be managed after claim reach the judge. There are three route for claim:
- Small claim track – for claims with a value up to £10,000
- Fast track– claim amount between £10,000 and £25,000
- Multi-track – claim with value higher the £25,000
This guide explains whole process of communication between judges, claimant and defendant. At first, court send to the claimant and defendant “notice of provisional allocation to track”. Your reply on this notice is filing direction questionnaire within specified time, which help judge to make decision in regards of route for the case.
Further next question is briefly describe in this guide:
- Why do you need to complete direction questionnaire?
- Do you need to discuss a questionnaire with opposite side?
- How much does mediation cost?
- What is notice of allocation ant how court notify you about track.
- What is disclosure and what action court expects you do?
- What is pre-trial check list?
- What happens at hearing in case of allocated trial?
- How could you object the issued order?
Guide EX306 “The small claims track in the civil courts” describe how dispute claim could progress though the court. Technically, it contains summary of main steps of pre-hearing actions and what happen at trial:
- Where small claim hearing take a place?
- Whether you want to use expert to prove your claim.
- Who is allowed to attend a hearing or could someone represent your interest at small claim trial?
- How you should prepare to the hearing?
There is a guide EX342 that could help you prepare to the hearing, including:
- How to bring a witness at hearing?
- What court form you need to file?
- What happens at small claim hearing?
- How to behave in the courtroom or how to talk to the judge?
There are a lot of different guides in Internet, but better way to rely on documents that provide reliable source such gov.uk, MCOL web site and etc.