To sue or not to sue? That is the question

Should you be unlucky enough to have to go to Court then it may be sensible to seek some legal advice relating to your case. In this Article we look at county court proceedings for money where the amount in dispute is under £10,000 (excluding personal injury claims) dealt with under the “small claims track”

This track is designed to enable cases to be dealt with in a much simpler and quicker procedure than applies to cases over £10,000. All claims are started in the County Court Money Claims Centre – online or by post. You have to provide details of the amount you are claiming and the reasons why you say that you are owed the money.

The CCMCC then posts the papers to the person/company you are pursuing who has 28 days to submit a detailed Defence – saying why he/she does not owe you the money.

The CCMCC will then transfer the case to the county court local to the persons involved – which may be the Newport IOW Court

The Court then fixes:

a date by which each side to submit witness statements and copies of all documents on which he/she intends to rely.
a date for the Court Hearing to determine the case

At the Court Hearing the Judge will consider all the statements and documents and ask questions of both sides and other witnesses – particularly if one or both sides do not have a lawyer present. You will also have the opportunity to ask questions of the other side and all witnesses .

The Judge will then give his/her Judgement on the case.

The procedure and the Court Hearing are designed to enable people to proceed without legal advice. Furthermore, if you are successful, you cannot usually claim back your lawyers’ costs from the losing side.

However, if the case involves several thousand pounds or more it is often sensible to seek some legal advice either before you embark on a claim or during the process in order to consider your prospects of success and/or help present your case.

We at Glanvilles can assist will all or some of the following steps: