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Four
Seasons Law & Four Seasons Pledge Recovery. |  |
How to start your claim.
A general public perception is that the
police are the lead agency in approving an event, including those on public
roads. In reality we can neither approve nor ban events, our role, together
with our partners on the Safety Advisory Group, is to promote high levels of
safety and minimise any adverse impact. |
| The form you must fill in is called an N1.
This is available either online or from a local court. You’ll need to give
details about yourself (the ‘claimant’), the person or business
you’re claiming against (the ‘defendant’) and the amount you are
claiming for. You’ll also need to give details about the claim, explaining
why you are taking this to court. If you feel you are owed interest as part of
the claim, you can include this here. Finally, attach any relevant documents
that may help your case, such as a written agreement. Be sure to make multiple
copies. Once this is completed you’ll need to send it to your local county
court – there will be a court fee based on the amount of money you’re
claiming for, though this can be waivered if you have low income. |
The actions of the defendant.
Once the court has received
and stamped the claim it will be sent to the defendant, who has two options.
They can choose not to defend the claim, and therefore the case won’t go
to court. The defendant will have to pay, but mediation will usually take place
to settle the amount and the date. This can be negotiated, depending on if you
think the amount and date is fair, and eventually a judge will finalise a date
of payment and a final amount. If the defendant chooses to defend the case,
they’ll have two weeks to respond. They will have to arrange a defence,
which will be sent to the court, and both parties will be sent a
‘directions questionnaire’. The results of this questionnaire will
dictate where and how the claim will be taken to court. The court will send a
notice of the court allocation, and a list of instructions for both parties.
These instructions will provide a hearing date and explain what evidence is
needed for the case. |
How to prepare your case.
The case you present to the court
will depend on your personal circumstances. Working with a solicitor is the
best way to build the best possible case, but there are a few standard things
you should look to include: An expert report on the issues you’re claiming
against Receipts and expenses relating to the claim The evidence of the claim,
such as a faulty item or pictures of an injury Any notes, letters or other
evidence you present to the court needs to be organised in date order, as this
is the way the court will handle the case. |
What to expect on the day of the court hearing.
Small
claims cases are usually less formal than larger cases. The judge will deal
with each case individually, and can request any structure they feel is most
suitable. It is the judge who will make the final call, and decide if you are
successful or not. If you are unsuccessful, you can make an appeal, but only
with evidence that proves the result is irregular or unlawful. It should be
made within 21 days, and there will be a fee attached. |
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