So, you have an unpaid invoice, you’ve issued legal proceedings, and your debtor has defended the claim. What happens next? You are now in the hands of the courts, which can be a worrying time if you are not used to dealing with the court. The unknown is the issue here. If you know the process and what to expect, you will be armed with the knowledge to deal with the court directions when they are made. It is also worth considering whether you are truly prepared to proceed, as to do so when you do not legally have a claim, can result in you being forced to pay your opponents legal costs, as well as your own. It can be difficult to deal with cases on your own, particularly when you feel a personal grievance with the debtor. With any kind of legal claim, it is wise to seek advice before acting.
Defended claim
The defendant, at the point of receipt of your claim, can do one of a few things. The defendant can file a defence disputing part of the claim, of the whole of the claim, and also to make a counterclaim against you. Let’s assume for the sake of argument that the defendant has filed a defence disputing the whole of the claim on the basis that you, as the claimant, failed to provide the goods or services provided for by the contract and therefore payment will not be made.
Application to strike out
If the defence has absolutely no prospects of success, it may be possible to make an application to strike out the defendant’s defence, and enter judgment for the amount claimed.
Directions Questionnaire
If the claim has been defended in any way, the court will send you, as the claimant, a copy of the defence, and provided that the debt claim is under £10,000, a notice that the court has assumed that the case is suitable for the small claims track. Both you and the defendant will be asked to complete the Directions Questionnaire and return it both to the court and the other party.
Mediation
When completing the Directions Questionnaire, the parties are asked to consider if they are happy to engage in mediation. The court’s mediation service is free, and is dealt with over the telephone. Both parties must be willing to engage in mediation, as it is a voluntary process. However any party unwilling to engage in this method of dispute resolution should be aware that the court can take a dim view of those who are unwilling to co-operate with each other. Any agreement reached will be contained in an order, which can be enforced by either party should the other party default on the agreement. As the mediation process is free, it is a great way of keeping litigation costs down.
Hearing fee
If mediation is not appropriate, the case will be transferred to a court local to where the defendant resides, and listed for a hearing. At this point, a court fee will be payable, dependant upon the value of the claim;
Small Claim Track where the amount claimed
Value of claim and Court fee
- up to £300 - £25
- between £300.01 and £500 - £55
- between £500.01 and £1,000 - £80
- between £1,000.01 and £1,500 - £115
- between £1,500.01 and £3,000 - £170
- more than £3,000 - £335
- Fast track claim - £545
- Multi track claim - £1,090
Directions
Directions will be given to take the file through the court process up to a final hearing for determination by the courts. These directions are likely to include the filing (sending to the court) and serving (sending to your opponent) a bundle of all of the documents upon which you intend to rely. You will also be required to file and serve a witness statement. If you require expert evidence, this will also need to be dealt with at this point. The court will have set a date for the hearing and all the preparation work will lead you towards that final hearing.
The final hearing
Although you can represent yourself it’s advisable to instruct a legal agent or barrister to attend on your behalf. You should be aware that the costs of sending an agent or barrister may not be recoverable form the other party, even if you are successful.
The hearing is likely to take place in the judge’s chambers (room) and will contain the judge’s desk and somewhere for the claimant and defendant to sit. The judge hearing the case will be a district judge, and you might be accompanied by your opponent, their lawyer, witnesses and court staff.
It is not imperative to wear a suit but you should dress smartly, and the judge will expect to be addressed ‘Sir’, ‘Madam’ or ‘Judge’.
The judge will already have been given the opportunity to read through the papers already sent through to the court, and will therefore have background knowledge to the issues at hand. The judge will come to you as the claimant first, to hear your side of the story, then ask your opponent, then come back to you to respond to what the defendant has stated in defence. Alternatively, the judge may just ask questions of both parties before making a decision.
Your case will be a civil case, which will have to be proved on the ‘balance of probabilities’. This means that if it’s more likely than not that your version of events is true then the decision will go in your favour.
Here at Roythornes, we are here to help.
It’s simple to instruct us once you are registered as a client with our online matter tracker. Clients are able to upload instructions, check the progress of their matters and request a call back at any time of day or night, meaning that we are accessible when many legal advisers are not.