document size for small claims court

[sergio33]

Regarding the LiP handbook - is there an equivalent just for small claims court?

[pc52straw]

This?

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

With all due respect to Atticus, the LiP handbook is fantastic in that it's comprehensive... but it doesn't cover the online routes and changes to rules/directions since 2016, their benefits and disadvantages.

It is not particularly accessible, either. Some people need visual guides - like a flowchart. "If you are here, the next step will be a decision to submit this or do that."

It is now obligatory for incorporated companies to provide Companies House with a route for legal service to an email address. It is now, in simple low-value small claims, okay to communicate by email instead of snail mail, if all parties agree to it. (It is also NOT okay to game the system, by for example sitting on the "send" button in your email app until 1 minute before the court deadline, ensuring service at 3:59pm on the day of the deadline for submission. The overriding conduct principle is, you should be giving the other side a fair opportunity to read your submission, not deliberately ensuring they can't do it.)

Procedures and guides have been produced for creating "e-bundles" (e.g. https://www.judiciary.uk/general-gui...court-bundles/).

Another thing the outdated guide doesn't cover is the OCMC route. This has a predefined workflow that in theory should eliminate abuse of process and enforce service to both sides, but an opportunistic litigant can easily circumvent its controls or even totally commit an abuse of process simply by posting a paper application to CNBC or the local court, who couldn't care less where you are in the OCMC workflow.

I've already seen one litigant totally subvert and actually overtake an OCMC workflow in progress simply by sending paper applications to the business centre.

[sergio33]

Thanks - will have a look

[atticus]

I agree that the guide is getting on in years, and does not cover developments since it was published. But it is better than nothing.

[pc52straw]

True, but who maintains the handbook at the Judiciary given there doesn't seem to be any push to update it. There are several newer spot guides that are more actively maintained.

Maybe the community here could have a stab at creating an "unofficial" updated handbook that points to the new guides.

[atticus]

Can you please post links to the newer guides you mention.

[Pezza54]

"The Ultimate Guide To The Small Claims Court" downloaded for £7.50 at www.smallclaimscourtgenie.co.uk

"Money Claim Online (MCOL) user guide for claimants" at www.gov.uk

"Practice Direction 51R - Online Civil Money Claims Pilot" at www.justice.gov.uk

[pc52straw]

Advice for LiPs on Judiciary site: https://www.judiciary.uk/guidance-an...nts-in-person/
And this, if anyone needs to do an e-bundle: https://www.judiciary.uk/general-gui...court-bundles/

Different guide for LiPs on this Law Society page, tailored for families & children (dated 2015): https://www.lawsociety.org.uk/topics...es-for-lawyers (points to https://prdsitecore93.azureedge.net/.../litigants-in-person-guidelines-lawyers-notes-for-lips-june-2015.pdf)

Cross-jurisdictional guides are worth keeping an eye on; https://www.judiciary.uk/?s=guidance&guidance_type=&jurisdiction=cross-jurisdictional

[atticus]

Thank you both.

[atticus]

I have added the links to this thread - https://legalbeagles.info/forums/for...erson-handbook. I am just waiting for someone to release my post, which is probably being held because it contains so many links.

[EXC]

I have added the links to this thread - https://legalbeagles.info/forums/for...erson-handbook. I am just waiting for someone to release my post, which is probably being held because it contains so many links.

Done.

[sergio33]

Sometimes lack of information isn't the problem - there's too much! Finding an answer to a specific question can be like finding a needle in a haystack.
For instance, I'm still unclear whether a PDF witness statement under 50 pages would be accepted or not by email. And whether it's bad practice to put in as evidence, say, a paragraph from a very long email rather than the whole email. Any thoughts appreciated...

[Pezza54]

One email with attachments for your witness statement and evidence. All attachments when printed should not exceed 50 sides of A4
You can recite a sentence/paragraph from an email in your witness statement. The complete email should be included in your evidence as an exhibit

If you can, highlight the paragraph in the email so it can be quickly found without having to read the 3 page email to find it

[sergio33]

Thanks. And if I go over 50 pages, is there no limit for hardcopy documents?

[Pezza54]

Please read CPR 32.1 which still applies on the small claims track
Although I am unable to find any rule that limits the number of pages, the court has the power to control evidence (under cpr 31.1) and may limit the amount of evidence if the judge considers too much has been put forward for the small claims track