Trial

Most small claims trials take place in a "back-to-back" list.  This means a large number of trials are listed together.  Cases where one or other or both parties fail to attend are usually called first.  The remainder are normally called in order.

The Court will usually over-list, expecting a certain number of cases not to go ahead.  This can mean that you end up sitting around for a while waiting for your case to be called on.  Take a book, try to keep calm and drink as little fluids as possible. If the other side are there provide them with one copy of your bundle of documents. 

At the hearing you should stay calm and say your piece. Set out your position and take the judge through your documents, explaining how these prove your case or disprove the other side's case. 

It is rare for cases to come to trial where people know they are in the wrong.  More often both parties feel they are in the right and are frustrated that the other side cannot see this. The District Judge will make sure the proceedings are conducted fairly and explain what is happening, so make sure you listen to them.

Wear smart clothes to the hearing. Address the Judge as Sir or Madam. Think about what you are saying and be respectful. Do not interrupt when someone else is speaking, especially the judge. Take a notepad and make notes of points you want to raise so that you remember them when it is your turn to speak.

Once the evidence has been heard you may be asked if there is anything else you want to add before judgment is given.  This is your last chance to say anything you think is relevant.  The judge will then give judgment.

The judge is likely to explain the reasons for the decision before telling you what the decision is.  They are not trying to torment you.  If they tell you the decision first people stop listening to the reasons.

If the judge says you are due money then ask the Judge for your costs of the claim. You are entitled to ask for any court fees you have paid, fixed costs, any expert fees, travelling expenses for attending the hearing, any expenses your witnesses have incurred in attending and any lost wages for you and/or your witnesses (up to £50 per person per day).

Judgments are payable within 14 days unless the judge gives a different timescale.  Payment should be sent direct to the other side, not to the Court.

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