Your notice of allocation gives you directions, which includes:
Only the party bringing the claim or counterclaim pays the hearing fee. If the hearing fee isn’t paid the hearing will not go ahead.
Failure to comply with court directions may result in a case being adjourned and the person at fault must pay costs.
Sometimes the judge may list a small claim for a preliminary hearing. This happens when:
Sometimes the claim will not be listed for a final hearing and a notice of allocation to the small claims tack (no hearing) will be sent. This is when a case can be decided on written evidence alone.
You do not have to attend a small claim hearing as it will be dealt with in your absence. Mercian Law strongly advises against this. We can arrange for an advocate to attend with you if you feel unable to present the case yourself.
The hearing date can be changed but will require an application to be made and a court fee payable.
Generally, small claims are less formal and are dealt with in chambers but sometimes they can be in a courtroom. Usually the claimant then the defendant speaks, and each side can ask questions.
If you lose your case and you want to appeal, at the end of the hearing permission to appeal must be sought giving proper reasons and not just that you feel the decision was wrong.
If you failed to attend the hearing and hadn’t arranged for representation, with good reason for being absent you could apply for a set aside of the decision. Speak to Mercian Law if you are considering making such an application.
What we can do to help:
What we need from you:
If you do not have all these please tell us as it may have an impact on what options are available to you.
Our costs for preparing for final hearing.