Unserved Directions Questionnaire in Small Claims Track

[_______]

I have a small claim which was initiated via MCOL and transferred to my local County Court.

When a Notice of Proposed Allocation to the Small Claims Track was issued, I received and completed a Directions Questionnaire, indicating that I was willing to have the case referred for mediation. As directed, I then served a copy of the questionnaire to the defendant (who has also filed a counterclaim against me).

The next thing I received was a Notice of Allocation with a hearing date set from the court. I was under the impression that the defendant was also under directions from the court to serve me with their completed Directions Questionnaire. Without this it is unclear to me whether the claim has been overlooked for referral for mediation because the defendant has declined to accept such a referral, or a decision by the judge based on the content of the case.

Am I right to expect to have received this document from the defendant? If so have I got any recourse against them for failing to cooperate with the court?

[jaguarsuk]

I have a small claim which was initiated via MCOL and transferred to my local County Court.

When a Notice of Proposed Allocation to the Small Claims Track was issued, I received and completed a Directions Questionnaire, indicating that I was willing to have the case referred for mediation. As directed, I then served a copy of the questionnaire to the defendant (who has also filed a counterclaim against me).

The next thing I received was a Notice of Allocation with a hearing date set from the court. I was under the impression that the defendant was also under directions from the court to serve me with their completed Directions Questionnaire. Without this it is unclear to me whether the claim has been overlooked for referral for mediation because the defendant has declined to accept such a referral, or a decision by the judge based on the content of the case.

Am I right to expect to have received this document from the defendant? If so have I got any recourse against them for failing to cooperate with the court?

Yes you should have been served by them, but I'd guess as it's gone straight to a hearing they have ticked No.

The recourse will come if you win your claim and/or defeat their counterclaim in that you cite unreasonable conduct in not serving you and refusing mediation to have costs awarded pursuant to CPR 27.14.

Keep a running total of time taken to research, write letters and fill forms along with postage costs, witness expenses (travel or loss of earning for the day off work both will need to be evidenced with receipt or letters). £19 per hour as Litigant in Person for all the hours, then face value expense of postage and witness expenses.

You might not get them awarded to you, but that's where you attempt recourse.

[_______]

Well it turns out the defendant served their questionnaire to the court about two weeks after I made this post. Needless to say, having already had the claim allocated to a hearing it was far too late. By serving to the court they actually made things worse because it recorded their active refusal of mediation (which would have been impossible once allocated to a hearing anyway).

Their late questionnaire, the refusal of mediation and the failure to serve me with a copy were all noted when the judge awarded unreasonable behaviour costs. Thanks for sending me in the right direction and the effective advice about recording Litigant in Person costs which did get included in the total award in judgement!

[Amethyst]

Sounds like a good result. Congratulations