SCT delayed due to Covid - what to do

[CdC]

Hi there,

I am the claimant in a small claims case. We were due to go to court back in June 2020 but I received a letter from the court saying that the case had been postponed. It's now March 2021 and I still have not heard anything from the court with regard to rescheduling.

I am wondering what to do next. Would it be reasonable for me to write to the court and request referral back to mediation?

Also, at a pre-trial hearing back in September 2019, the judge ordered that the defendant resubmit his counterclaim because (1) didn't make sense, and (2) it needed to be paginated. When he resubmitted his counterclaim it still wasn't paginated and it also included evidence that was correspondence from me marked "Without Prejudice Save as to Costs". Is there anything I can do on the back of his mistakes to get his counterclaim thrown out? It is basically a false counterclaim but the judge obviously doesn't know that.

Any advice would be much appreciated.

Many thanks
Caroline

[des8]

I would give the court a ring (be prepared to hold for a long time before it is answered) and ask what the situation is.

You can always try and negotiate a settlement outside of the court mediation service.