Small claims court - panicking!

[Guest]

Please can someone help please.

I'm helping my daughter with her small claims court case against Tui and M&S Bank. Court fee has to be paid by 30 August and witness statements exchanged by the same date.

Can someone take a look at what I've written and offer an opinion?

If she doesn't pay the court fee and the court strike out her claim, is she liable for both sides costs?

Sorry, I think what has frightened her is that M&S instructed one of the biggest law firms in the country.

Re M&S, thats a Section 75 claim, FOS without investigating agree breach of contract by Tui

Thank you witness statement re Tui & M&S.docx

[echat11]

Could you kindly take a look, thank you.

pt2537

[pt2537]

Please can someone help please.

I'm helping my daughter with her small claims court case against Tui and M&S Bank. Court fee has to be paid by 30 August and witness statements exchanged by the same date.

Can someone take a look at what I've written and offer an opinion?

If she doesn't pay the court fee and the court strike out her claim, is she liable for both sides costs?

Sorry, I think what has frightened her is that M&S instructed one of the biggest law firms in the country.

Re M&S, thats a Section 75 claim, FOS without investigating agree breach of contract by Tui

Thank you [ATTACH]n1588636[/ATTACH]

If she gets struck out she could face an application for costs, yes. Equally if she falls within CPR 27.14(2)(g) she could be held liable for costs. It is a high bar to overcome but costs are awarded in the small claims track.

Ill take a look at the statement but without knowing the case its difficult to know if you have covered all of the bases in the statement

[pt2537]

Statement of truth is wrong im afraid, its a witness statement not particulars of claim

[pt2537]

Further, ill post in a sec how to start the statment, just to deal with the procedural hurdles, i know its a small claims case but the rules are still there and need complying with

[Guest]

Statement of truth is wrong im afraid, its a witness statement not particulars of claim

Thank you, I'll amend

[pt2537]

Ok so in terms of the witness statement

I always start mine with

I, xxxxxxx of 2 A House, A street, A country will say as follows

1. I am the Claimant/ Defendant/ fee earner with conduct of this matter. I make this statement in support of my claim / my defence/ my clients claim or defence

2.. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters are contained within this witness statement are not within my own knowledge, I have clearly stated the source of my information.

3. There is now produced and shown to me a bundle of documents marked PAT1 which contains xxxxxxx


Then go into your evidence from there. I obviously edit it to suit.

[Guest]

Further, ill post in a sec how to start the statment, just to deal with the procedural hurdles, i know its a small claims case but the rules are still there and need complying with

Thank you, greatly appreciated. Thats why I asked for help!

[Guest]

Ok so in terms of the witness statement

I always start mine with

I, xxxxxxx of 2 A House, A street, A country will say as follows

1. I am the Claimant/ Defendant/ fee earner with conduct of this matter. I make this statement in support of my claim / my defence/ my clients claim or defence

2.. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters are contained within this witness statement are not within my own knowledge, I have clearly stated the source of my information.

3. There is now produced and shown to me a bundle of documents marked PAT1 which contains xxxxxxx


Then go into your evidence from there. I obviously edit it to suit.

Thanks so much, now starting again!

[pt2537]

Thank you, greatly appreciated. Thats why I asked for help!

Ok so as far as the statement goes, it looks ok to me, id say though i dont know the case etc, so can only work with what i see here,

you must make sure any documents relevent such as holiday booking forms, emails reciepts etc are exhibited to the statement, the Court cannot consider documents that it doesnt have, so if you need X or Y to prove your case make sure its there

Rule of thumb if you need to refer to a document to explain the case you need that document before the Court. ITs better to have and not need, than to need and not have

[pt2537]

Thanks so much, now starting again!

Dont start again, just edit the first couple of paragraphs

[Guest]

Ok so as far as the statement goes, it looks ok to me, id say though i dont know the case etc, so can only work with what i see here,

you must make sure any documents relevent such as holiday booking forms, emails reciepts etc are exhibited to the statement, the Court cannot consider documents that it doesnt have, so if you need X or Y to prove your case make sure its there

Rule of thumb if you need to refer to a document to explain the case you need that document before the Court. ITs better to have and not need, than to need and not have

Thats brilliant, thank you I am so grateful.

We have stacks of evidence