View Full Version : legal - small claims court
Nicky S
10-01-10, 07:32 PM
hey orgers
i was wondering if anyone could help me out, im going to court tomorrow (monday 11) for my bike accident witch happend around 14 months ago. my case is very good and im 90% sure im going to win well lets hope anyway. But i am still nervous as i have no idea what happens in the small claims court or what i have to do. could anyone give me an insight to what happens once your in the court room and what you have to do.
cheers nick
just remember, although its a small claims court the sheriff/judge still likes manners. be as polite as you can and always respect his/hers title. yes your honer, no your honer, three bags full your honer. tell the truth. these people can spot a lie from 20 paces, they deal with it all day.
Nicky S
10-01-10, 07:46 PM
just remember, although its a small claims court the sheriff/judge still likes manners. be as polite as you can and always respect his/hers title. yes your honer, no your honer, three bags full your honer. tell the truth. these people can spot a lie from 20 paces, they deal with it all day.
iv been told that allready im also dressing smart :). i have a solicitor on my side who apparently is doing all the talking for me from a statement which was made a week after the crash. can anyone give me a quick script of what happens ?
Post deleted as points already made ;-)
Nicky S
10-01-10, 07:58 PM
Post deleted as points already made ;-)
?????
Hey I do this for a living - I'm a solicitor and I do more civil litigation than anything else.
Wear a suit and make sure that you're presentable. Remember to turn your mobile off. Don't feel intimidated, it's all very civilised. Clients always get nervous but there really is no need.
It will be a District Judge - not robed. You call the judge 'sir' or 'madam'. The proceedings are not particularly formal and the public are not admitted. So no reporters.
The judge will have read the papers. There will be a file - a 'bundle' - of pleasings, any orders made so far, witness statements, and possibly photos. As you are the claimant, your solicitor will lead. The solicitor might give a short introduction but will very quickly call you, will ask you your name and address, and will then ask you to read your witness statement. This is your 'evidence in chief'.
Then the other party's solicitor will cross examine you. This is fairly hostile questioning designed to flush out certain matters. The questions will be closed - ie, the answers will be either yes or no. A good solicitor won't want to give you the opportunity to tell your story again. It's likely that they will refer you to various paragraphs of the statement or photos, and explore weaknesses. Eg, 'it's true isn't it that you were going in excess of the speed limit' - there can only be two answers, 'yes' or 'no'. Address your answers to the judge not to the person asking the questions. The judge will probably ask you some questions too. Tell the truth - don't say anything untrue or misleading. A good solicitor will spot lies from a million miles away and will show you to be a liar. Not good.
Your solicitor might then ask you a few more questions. There are rules about this - s/he can only ask questions on things which have come up in cross examination so as to clarify them, it's not allowed to ask questions simply because they forgot to put something in the witness stateemnt. They then might give a short speech to summarise what has been said.
Then it's the other side's go - to go through their evidence in chief, and your solicitor will cross examine. They can then make a short speech.
The claimant has a right of reply, so after the defence have finished the judge will ask your solicitor if they have anything else to say.
The judge might adjourn briefly, but often will go straight into judgement mode - s/he will summarise the facts and the issues and will make a decision based on the evidence they prefer.
No costs in small claims, but there are witness expenses.
That's about it. Cross examination can be a bit of an ordeal because you have no idea what they're going to ask, but if your solicitor has done their homework they will have identified the weaknesses and told you. Don't crumble!!!! Just tell the truth and do your best. I always tell clients that if the question allows for a slight explanation, then if you're given an inch, take a mile.
Good luck.
Ed
Nicky S
10-01-10, 11:07 PM
thnaks a lot for that mate has really helped me out cheers for taking the time to wright it :)
Top answer Ed. :) I didn't know you were allowed to be represented by a solicitor in a small claims court.
punyXpress
11-01-10, 11:06 AM
Good Luck today, Nicky S
Top answer Ed. :) I didn't know you were allowed to be represented by a solicitor in a small claims court.
Yes, you can be. often happens though that the other partyis not represented, which simply makes for more work. And judges are very indulgent to litigants in person, and will often help them by giving the solicitor a hard time. In small claims you don't recover costs, so often it's simply too expensive to have a lawyer there - depends on the value and the importance of the claim - so often I prepare the case and leave the advocacy to the client.
Nicky S
11-01-10, 06:40 PM
i WON :P got all the money i was claiming for still have my no claims, other side didnt even turn up or even ring to say they wernt coming so we called and they said they wont going to bother :P my barrister did a really good job whop whop thanks again ed for giving me the insight made today a lot easyer
It's just maddenating when people do that - it could have been settled a long time ago at far less cost, you'd have had your money and everything woudl have been forgotten about. Why call at the last minute saying that you're not going to defend it, it really is poor.
Nicky S
11-01-10, 07:04 PM
It's just maddenating when people do that - it could have been settled a long time ago at far less cost, you'd have had your money and everything woudl have been forgotten about. Why call at the last minute saying that you're not going to defend it, it really is poor.
you telling me lol the jude didnt like it either and i ended up with 7% more and they have court fees of 4 grand to pay hehe 2010 is looking up
you telling me lol the jude didnt like it either and i ended up with 7% more and they have court fees of 4 grand to pay hehe 2010 is looking up
Then Nicky your win is all the sweeter. It is unusual to get your costs in small claims - only if the judge thinks the other side is acting unreasonably - which by defending to the last and then ditching it, they plainly were.
Congratulations:D It's great to win:D
ethariel
11-01-10, 10:35 PM
Very nice result, congratulations
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