In person or 'on the papers'?

[Snudge88]

Following a previous post, the defendants against whom I have brought a Money Claim have now filed a defence, and I am in receipt of the Directions Questionnaire.

I note from the questionnaire that I can suggest that a hearing 'on the papers' would be sufficient, and it is clear that it is this route that the Court would prefer that we follow. I'm minded to request a hearing on the papers on the basis that it is likely that the defendant will bring representation to Court, and I am happy that the case can be sufficiently explained and argued on paper submissions.

Is this a reasonable point of view, or is there a reason why I should definitely be requesting an in-person hearing?

Also, if the parties agree to go down the 'on the papers' route, will there be an opportunity to file a full bundle with a fully-argued case and various items of evidence? Or was my original submission in support of my claim my only opportunity to put my arguments in writing?

Finally, in terms of submissions, will the directions set a deadline that is binding on all parties (i.e. 5pm on Date X) with no possibility for further submissions? Or will there be an opportunity to submit rebuttals/further observations once the initial bundles have been exchanged?

[Snudge88]

Sorry - one other question:

I note that the top portion of the Directions Questionnaire (In the... , Claim No, and "To Be Completed By") have been left blank. Are these for me to fill in, or should these have been filled in by the issuing body?

[R0b]

I would not usually advocate a hearing on the papers for various reasons. For example, you would need to have exceptionally good writing and persuasive skills rather than waffle, and if there is a dispute about the facts or evidence, you would not be able to question the other side or their witnesses and try to reduce their credibility or their demeanour or catch them in a lie, all of which can be observed by a judge as factors taken into account when deciding the case.

As a general rule, you have more success with an in-person hearing rather than on the papers.

Regarding your other question, Assuming the DQ form you receive is form N180 (small claims track questionnaire) then yes all of that should be completed.

So in the To be completed box you would put your name and then strike out with pen the irrelevant words in square brackets underneath. For example, if you are the only Claimant or Defendant you would strike out [1st][2nd][3rd] and strike the rest other than Claimant or Defendant. Reference to 1st, 2nd or 3rd is where there are multiple claimants or defendants to a claim.

The box that says in the ... should state the County Court hearing your case or if no court has been assigned already the claim then it would be the Civil National Business Centre (CNBC).

Claim No. is self explanatory as you put your claim number in there which should be on all court issued paperwork.