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Fast Track Small Claims

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  • Fast Track Small Claims

    Defendant has issued a defence. Content is untrue and misleading. Currently returning N181. Can we issue a response to correct / dispute their defence?
    Tags: None

  • #2
    You could respond to their Defence, but you're better off doing that through your Witness Statement, it's a natural reaction to feel 'aggrieved' when 'untruths' has been submitted to the Court.

    https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thanks for prompt response. The Witness Statement is issued after the submission of the N181???

      Final question do we need to submit Proposed Directions with the N181. If so is their standard wording/template or format??

      Comment


      • #4
        Originally posted by RoofTopper View Post
        Thanks for prompt response. The Witness Statement is issued after the submission of the N181???

        Final question do we need to submit Proposed Directions with the N181. If so is their standard wording/template or format??
        The N181 is the Directions Questionnaire, you need to fill it in carefully (although it's very basic), send a copy to the Court, send a copy to the Defendant, make sure you get Proof of Postage.

        Comment


        • #5
          Is email acceptable means of communication?

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          • #6
            Do we need to issue the Proposed Directions with the N181?
            If there a standard format?

            Comment


            • #7
              Originally posted by RoofTopper View Post
              Is email acceptable means of communication?
              You can email providing you have the correct email addresses and the Defendant has agreed to receive court papers via email.

              Comment


              • #8
                Originally posted by RoofTopper View Post
                Do we need to issue the Proposed Directions with the N181?
                If there a standard format?
                You've been sent a standard directions form by the court to fill in and send back, the court hasn't asked you do anything else, so I'm not sure why you keep mentioning 'Proposed Directions'.

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                • #9
                  This is the section I am referring too.
                  Attached Files

                  Comment


                  • #10
                    Originally posted by RoofTopper View Post
                    This is the section I am referring too.
                    Have you contacted and agreed any Directions with the other party?

                    What Directions do you want to propose?

                    Comment


                    • #11

                      No directions have been agreed or proposed by us or the Defendant.
                      The bold lettering makes it a fixed requirement?
                      As regards Directions I thought there may be a standard format? We would like to resolve the matter as soon as possible, exchange relevant documents, reply to their defence,

                      Comment


                      • #12
                        Replying to their Defence will serve no purpose. Hopefully des8 can provide some advice.

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                        • #13
                          Your heading "Fast Track Small Claims" is rather confusing.

                          if this is fast track the court aims to obtain consensus on what directions need to be given.
                          Practice Direction 28 sets the position and helpfully includes an appendix setting out the usual standard directions
                          https://www.justice.gov.uk/courts/pr...rt28/pd_part28

                          Comment


                          • #14
                            Many thanks to all for advice given

                            Comment

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