Direction questionnaire and statements of case from both parties are the main documents which let judge to make a decision about hearing and additional direction that could help to clarify some details in case.
There are three way of court decision:
- If judge considered that there are no enough information to appoint hearing he issue the order that parties provide additional information within 14 days(CPR 26.4(2)):
((2) If the court does not have enough information to allocate the claim it will generally make an order under rule 26.5(3) requiring one or more parties to provide further information within 14 days.
Claimant and defendant will received Notice of allocation, form N157-160 from the court.
- If judge has enough information he could propose the small claim to be dealt without a hearing and final decision will be achieved by documentary only.
- Court could allocate a hearing giving at least 7 day notice by form N153 (Practice Direction of CPR 26.6(2)):
6.2 Where the court orders an allocation hearing to take place:
(1) it will give the parties at least 7 days' notice of the hearing in Form N153
Preliminary and final hearing
Court may appoints preliminary hearing if it appears necessary according CPR 27.6.
After preliminary hearing court will fix the date of final hearing giving to the parties at least 21 notice:
(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;
If preliminary was successful and parties reached some settlement or agreement then court may treat such hearing as a final.
What happened at hearing
Generally, hearing will be in public. If parties agreed to conduct private hearing court may allow it.
Judge may ask question of any witness himself or allowing other person to do so. As well judge could refuse or limit cross-examination of any witness at hearing.
Court may tape recorder the hearing and any party could request transcript of such recording(fee applied)