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County Court Protocol

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  • County Court Protocol

    Hi,
    I am taking someone to the small claims court and wanted to know what the protocol is for submitting information before the hearing date.
    Firstly, should I advise the Judge and the defendant of the amount of interest (at 8%) that I intend to add to the claim, which has taken 2 years to come to a hearing, hence is significant?
    Secondly, I will be claiming an amount for unreasonable behaviour which I believe has occurred. Again, should I advise the court and the defendant of this in advance of the hearing and how much I intend to claim.
    Any advice appreciated.
    Tags: None

  • #2
    Please read CPR 16.2 (5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form

    If you did not claim interest in your particulars of claim you should write to the court asap stating you wish to claim interest if your claim is successful

    If you did claim interest calculate it up to the date of the hearing. Have the calculation ready to pass to the judge at the hearing if you win the case

    Comment


    • #3
      Originally posted by Pezza54 View Post
      Please read CPR 16.2 (5) The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form

      If you did not claim interest in your particulars of claim you should write to the court asap stating you wish to claim interest if your claim is successful

      If you did claim interest calculate it up to the date of the hearing. Have the calculation ready to pass to the judge at the hearing if you win the case
      Thank you, useful to get your thoughts.

      Comment


      • #4
        I am not convinced you would be entitled to claim for unreasonable behaviour by the defendant.
        Draft a list of the defendant's unreasonable behaviour and how you were affected by it.
        Present it to the judge at the hearing. Hopefully this will assist the judge deciding in your favour

        Comment

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