Small Claims Court

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 Courtesy of Billybong

Small Claims & The Courts
Questions & Answers

What is a Small Claims Court?A court set up to deal quickly with claims for small amounts of money. If you are suing someone or they are suing you for a small amount of money this is where you may end up.
The Small Claims Courts can be found in your local County Court. For details of your nearest County Court see the Compact Law Court Finder.

How much is a Small Claim?
If the amount of money claimed is £5,000 or less then it is likely to be heard in the Small Claims Court.
However, if your claim is for personal injury it will only be heard in the Small Claims Court if the claim for the injury itself is not more than £1,000.
For housing cases involving a landlord's failure to repair the property the claim will be heard in the small claims court if the cost of repairs or the compensation claimed is not more than £1,000.

Will I need to be represented by a solicitor?
Cases are dealt with differently in the Small Claims Court. It is supposed to be more simple so that anyone can deal with their own case from start to finish without using a solicitor.
If you decide to use a solicitor you cannot get your solicitor's costs back from your opponent when you win. (If your claim involved an injunction you may be able to get back part of your solicitor's costs for the injunction claim).

Can someone else represent me in the Small Claims Court, other than a solicitor?You can take a friend to speak on your behalf as your representative in the Small Claims Court; they will be called your "Lay Representative".
If you just want to bring a friend or relative into court to consult with, but not to speak on your behalf they are known as your "McKenzie Friend".
You must be present at court as well if you use a Lay Representative, they cannot speak for you in your absence. (An exception to this is if the Lay Representative is your employer or if the court gives special permission for you to be absent).

Where do I find a Small Claims Court?
Your local County Court will have a Small Claims section; your local County Court will be listed in the telephone directory or use the Compact Law Court Finder service.

How do I start a Claim?
Ask your local County Court for a document known as a "Claims Form"; you will need to complete this with details of what you are claiming and against whom.
You may also have to pay a court fee; this will depend upon how much you are claiming. You can claim this fee back from your opponent, if you win your case. (This is known as Fixed Costs).
If you start the claim you will be called the "Claimant" and your opponent will be called the "Defendant".

Can I get Public Funding?
Public Funding is not usually available in the Small Claims Court; this is to encourage you and your opponent to settle the case between you without using solicitors or barristers.

What sort of Claims can I bring in the Small Claims Court?
Contract Claims, Debt Actions, Housing Disrepair and Personal Injury Claims, anything where you are claiming money up to £5,000. (Except personal injury and housing disrepair claims where the Small Claims Court limit is up to £1,000.)

Who will hear my case?
A District Judge usually hears cases. However, if the case is complex it can be referred to a higher judge known as a Circuit Judge.
In some cases if a special Arbitrator is needed the court has the power to use an outside Arbitrator, but this will only be done if you and your opponent agree.


How will I know how to prepare for my case?
After you start your claim and your opponent has filed a "Defence", the court will then send you a timetable, (this is called "Directions").
This timetable will tell you what you have to do next. For example, you may be told to send to your opponent copies of all the documents that you intend to use at the Hearing, including any Experts Reports.

What if I win my case but my opponent will not pay?
If you win your case "Judgment" will be made in your favour. If your opponent does not pay then you will have to enforce your Judgment. There are various ways you can enforce Judgment.
For example, if your opponent owns a property you can apply to the court to "Register a Charge" against that property and then seek an Order that the property should be sold and you will get your money from the proceeds.
If your opponent is working you can ask for an "Attachment of Earnings Order". This is where your opponent's employers must deduct a weekly or monthly amount from your opponent's wages to pay to you.
Alternatively, you could ask for an Order that the "Court Bailiffs" go to your opponent's home or business to seize and sell your opponent's goods, so that you can be paid. (This is called a Warrant of Execution in the County Court and a Writ of
Fi-Fa in the High Court).
If a "3rd Party" actually owes your opponent money or is holding money for your opponent, (for example a Bank or Building Society) you can get an Order that this 3rd Party pay the money direct to you (Garnishee Proceedings).

SEE ENFORCMENT:
What if I don't want my claim to be heard by the Small Claims Court?
You can ask the court to take your claim out of the Small Claims Court, if you can show one of the following:
1. Your case involves a difficult question of law or has complicated facts.
2. You are accusing your opponent of fraud.
3. That both you and your opponent have agreed that the case should not be heard in the Small Claims Court.
4. That it is unreasonable for your claim to be heard in the Small Claims Court, because a Counterclaim has been made for more than £5,000 or because of your personal circumstances.

Enforcement of Judgments
If your opponent does not pay you after you have obtained judgment you may want to consider the following.

Oral Examination: - Garnishee Proceedings: - Warrant of Execution: - Warrant of Delivery: - Attachment of Earnings: - Charging Orders:-
Judgment Summons:



Oral Examination
This is where your opponent is told to come to court to provide the court with details of his or her Income, Capital and Savings. You can then decide from this information whether they are able to repay the debt.


To apply for an Oral Examination you should get a "Request for Oral Examination" Form from the court. You will have to pay a small fee when you return the form to the court.
You will need to give details of the amount of money, which remains unpaid under the judgment.
The court will serve an Order telling your opponent to come to court - some courts prefer to send an Affidavit, (see Affidavit in Support) or Questionnaire to the opponent to complete first. When your opponent attends court he or she will be questioned by either a District Judge or an officer of the court.
You do not have to be present, but you can be if you wish, you can also write into the court with details of any questions you would like the court to ask your opponent.
The court will take notes of what your opponent says and will send you details if you were not at court.
If your opponent refuses to answer any questions or produce documents you can apply to the court for an Order that he must do so. This is called a "Penal Notice"; ask the court to attach it to the Order.
If your opponent still fails to obey the Order they will be in "Contempt of Court" and if the Order has a Penal Notice attached you can apply to the court to commit your opponent to prison for breach of the Order.
If your opponent does not attend court then the court has to fix a new date to give him or her the opportunity to attend. If your opponent asks that you pay their travel expenses for attending court you must pay these not less than 7 days before the Hearing. You must then file a Certificate at court to say either that your opponent has not requested any money or that you have paid it. This Certificate must be filed with the court 4 days before the Hearing.
Garnishee Proceedings
If your opponent is owed money by a 3rd Party then you can get an order that the 3rd Party pays that money direct to you, to pay off the debt owed to you. To do this your debt must be at least £50 and the 3rd party must be within England & Wales.
To apply you must send to the court an affidavit to say the money owed has not been repaid as the court ordered and that it is still outstanding. You will need to pay a court fee.
The court will grant you a temporary order, which you must serve on the 3rd party. A hearing date will then be fixed when the 3rd party can attend and make objections about the order.
If the 3rd party is a bank or building society etc, where your opponent holds an account payment of the debt must not leave less than £1 in their account.
Warrant of Execution
This is a request for the court Bailiffs to enter your opponent's home or business premises to seize your opponent's personal belongings to sell and pay off the debt.
Bailiffs cannot seize any of your opponent's essential living items such as bedding, clothing, pots and pans, furniture, household equipment, tools of a trade etc.
They cannot seize any goods on hire purchase or belonging to someone other than your opponent. You apply by sending to the court a "Request for Warrant of Execution" Form and you will have to pay a small fee.
You will need to give details of the amount unpaid. If the judgment was for your opponent to pay by instalments you must show the whole or part of the instalments is outstanding. You can then claim payment of the total sum outstanding as long as it is more than £50.
No Hearing is necessary, the court Bailiff will go to your opponent's address and can accept payment from your opponent or remove your opponent's goods. They may ask your opponent to sign an agreement that he or she will not remove or dispose of their goods until he or she has paid the debt they owe you.
A court Bailiff cannot force his way into your opponent's home or business to seize goods.
Warrant of Delivery If your opponent has a particular item or goods belonging to you and you are seeking their return then this is the method of enforcement you should use. If the judgment or order says the goods are to be returned to you. You should apply by sending to the court a "Request for a Warrant of Delivery" together with payment of a court fee.
No hearing is necessary; the court Bailiff will contact your opponent to fix an appointment to remove the goods.
Attachment of Earnings
You can use this method of enforcement as long as the debt is not less than £50. If your opponent is working you can apply for an Order that your opponent's Employer deduct a certain amount from your opponent's wages each week or month in order to pay the debt.
You can apply by sending to the court a "Request for an Attachment of Earnings" Form together with a court fee.
You must say how much of the debt remains unpaid, or if the whole or part of the instalment payments have not been made.
The court will fix a Hearing date and serve you and your opponent with details of the Hearing date.
They will also send your opponent a reply form to complete which they must return within 8 days of receiving it. A copy of the reply will be sent to you.

If the judge is satisfied that your opponent is not Unemployed or Self-Employed he or she will make an Attachment of Earnings Order.
Your opponent can within 14 days apply to the court to reconsider their order and another hearing date will be fixed when the court will either "set aside" it's previous order or continue it.
Your opponent is entitled to have part of their earnings protected against deductions. The Judge will decide how much this will be and also decide the amount to be deducted and how often. If when your opponent gets to court he or she promises to pay, the court can "Suspend" the Attachment of Earnings Order.
If your opponent does not then pay you can apply to bring the Order back in force. If your opponent fails to attend court, but you have sufficient information about your opponent's earnings then the Judge can still make an Order in your favour. Otherwise the Judge can fix another date and threaten your opponent with imprisonment if he or she does not attend.
Charging Order If your opponent owns property you can apply to the court to "Register a Charge" at the "Land Registry" against your opponent's property to show that you have an interest in the sale proceeds of the property. This forewarns any person intending to buy your opponent's property.
If there are any other Charges registered before you on the Land Register then those Charges will be paid first before your Charge. For example, if there is a mortgage registered against your opponent's property then that mortgage will be repaid first from the proceeds of sale.
Once you have registered a Charge against your opponent's property then you can apply to the court to Order that the property is sold so that your Charge can be paid as soon as possible.
To apply for a "Charging Order" you must prepare a Statement of Truth or an Affidavit (see Case Examples) saying why your opponent has not paid the debt and that it is still owed and also say how much is owed. You should give the name and address of your opponent and any other people that your opponent owes money to (if you know this information).
You must give details of your opponent's property (i.e. the full address and who the owner is). For example, your opponent may be married and their partner may also own a share of the property, you must put the partner's details in the Affidavit / Statement also.
You should search the Land Registry to find out details of the owner(s) of the property you want to put a Charge on and also details of any other Charges, which have already been registered. This will give you some idea of whether your opponent has any other creditors.
It is a good idea to attach a copy of the results of your Land Registry search to your Affidavit / Statement.
To apply for a search of the Register you should obtain a Form from the Land Registry, which deals with the district where the property is located.
You then fill in the form with details of the property and the Land Registry will send you a copy of the part of the Register dealing with the property.
You will have to pay a small fee.
See the National Searches telephone number under Addresses and Telephone Numbers.
The court will grant you a temporary Charging Order called a "Charging Order Nisi".
They will then fix a Hearing date when you, your opponent and any other owners of the property and any other creditors of your opponent will have to come to court.
The court will send you the Charging Order Nisi and you must serve a copy of this together with a copy of your Affidavit or Statement on the opponent and any other owners of the property and other creditors.
The court will then decide at the Hearing whether or not to make the Charging Order "Absolute", (this means making the Order permanent).
If making the Charging Order Absolute would give you an unfair advantage against your opponent's other creditors the court may decide not to make the Order Absolute (permanent).
If you are successful in obtaining a Charging Order you can then apply for an "Order for Sale" of the property.
You should obtain a claim form from the court and complete this and send it back to the court with a supporting Affidavit (sworn statement) or Statement, stating the details of the Charged property, the amount for which the Charge was imposed and details of the balance outstanding.
You should explain who owns the property and any other Charges registered against the property with names and addresses of the people or company who have registered the Charge. You should also give an estimate of the sale price of the property.
The court will fix a Hearing date and serve copies of your application and Affidavit or Statement on your opponent and any other owners of the property.
Your opponent can argue that there is a "Negative Equity" and therefore you will receive no money if the property is sold.
Or the court can attach conditions, for example, if there are young children living at the property who might be made homeless. The court may attach a condition that the property is not sold until the youngest child reaches 18.
If an order is made that the property is to be sold the net proceeds of sale (after deduction of sales costs) will have to be paid to the court.
Judgment Summons If the debt relates to unpaid maintenance under a court order, unpaid income tax, unpaid state pension premiums or unpaid social security contributions then you can apply for a Judgment Summons.
You should obtain a Request for Judgment Summons from the court to complete. You will then need to pay a court fee.
You will need to say how much of the debt remains unpaid or if any instalments payments are outstanding.
The court will fix a hearing date and send notice of the hearing date to you and your opponent. At the hearing the judge can either order your opponent to pay by instalments. Or if it can be shown that your opponent can, but won't pay the court can send your opponent to prison for up to six weeks.
If your opponent fails to attend court then the court can issue a warrant for his or her arrest.

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Claiming Costs
You can only claim certain costs against your opponent if you win in the Small Claims Court. These are known as "Fixed Costs". They include any court fee you have paid, but not your solicitor's charges. You can claim your travel expenses and loss of earnings if these relate to your attendance at court.
You may also be able to claim travel expenses and Loss of Earnings of any of your Witnesses who have had to come to court to give evidence for you, the amount you can claim is restricted.
You may also be able to claim for any Experts Reports you have paid for to help your case, again the amount is restricted.
The court does have a discretion to award costs where a party has behaved unreasonably.
This includes:
Making unnecessary applications.
Causing a late adjournment of the hearing.
Failure to comply with directions or orders.
Refusing to negotiate.
Failure to comply with protocols.
Mis-stating value of the claim so it is allocated to small claims track to avoid costs liabilities.


Claiming Interest
You are entitled to ask for Interest on the amount you are claiming; this is currently 8% per year. If you want to claim interest you must put on your claim that you want your opponent to pay interest.
You are entitled to claim interest from the date of your "Claim Form" (for Claim Form see How to Claim) until the date of the trial.
You may be suing under the terms of a contract, which already provides for payment of interest. This may be a different figure to the 8%. You can claim the interest rate set out in the contract. This can be claimed from the date the money was due until the date of the Final Hearing.


Statutory Interest
1. To calculate the "Statutory Interest" of 8% you must take 8% of the amount of your claim. For example, if your claim is for £3,000 the Statutory Interest of 8% would be £240.

2. Take the Statutory Interest figure and divide it by 365, e.g. £240 divide by 365= 65p (The daily interest figure).

3. Calculate the amount of days between the date of your claim and the final hearing. For example, if you started your claim on the 22nd Sept 96 and the Final Hearing takes place on the 31st Dec 96, then this is 100 days.

4. Multiply the number of days by the Daily Interest rate figure, 65p x 100=£65. This gives you the amount of interest to be added to your claim at the end of your case.

You usually only need to work out the interest figure for the Final Hearing. You should have the figure ready for the Judge so he or she can add it to the money to be awarded to you.
If the debt has been outstanding for some time and there was an agreed date for repayment, you can calculate the interest which was due from the date of repayment to the date of your Particulars of Claim and add this to the amount you are claiming when you first start your case.
However, if you are claiming under the terms of a contract or agreement which already provides for payment of interest then you will need to calculate this from the date interest is payable under the contract to the date of the Final Hearing. Follow the same method as above but substitute the Statutory Interest of 8% with the Contract Interest rate.
You should note that the Statutory Interest has been 8% since 1/4/93, before then the rate was 15%. If your claim predates 1/4/93 you will need to apportion the different rates of interest accordingly.


How to Claim
You can make a claim by getting a Claim Form from your local County Court. You have to give your details on the Claim Form and details of your opponent.
You also have to say what your claim is for and why you are claiming and also include the amount you are claiming and say that you want interest. You can include this information in the section of the Claim Form called the "Particulars of Claim". If there is not enough room you can use a separate sheet of paper and head it "Particulars of Claim".
If you want to know how to set out a Particulars of Claim, see Case Examples
In Personal Injury cases you must also file at court a Medical Report giving details about your injury.
You will need to send to the court the Claim Form plus a copy for the court and a copy for each opponent if there is more than one.
If you do a separate Particulars of Claim you need to send to the court the Particulars of Claim plus a copy for the court and copies for each opponent.
The court will put the court seal on them and send copies to your opponent together with a form for defending the claim, a form for admitting the claim and a form for acknowledging service, which your opponent must complete and send back to the court.
The court will then send you a copy together with a set of instructions on what you should do next or they may fix a Hearing date when you will have to go to court and the judge will tell you what he wants you and your opponent to do next.
The advantage of the Small Claims Court is that if you cannot afford a solicitor and you are not entitled to Public Funding you can still bring your case to the court yourself.
Even if you can afford a solicitor, their fees may be more than the amount you are claiming. If you do not manage to get your opponent to pay your costs then you will not be any better off. Public Funding is not usually available for actions in the Small Claims Court.
Hearings will usually last no more than 1 day (5 hours).
The court can deal with your case without holding a hearing. They will just consider your case "on paper". If the judge decides your case is suitable to be dealt with without a hearing they will tell you and your opponent.
The court can also deal with your case by a "telephone hearing" if you and your opponent agree and as long as you are both legally represented. This will be arranged using a BT conference call out system.
If the court has video conferencing facilities it may also be possible to hold a hearing by video link.
The court will also set a particular timetable depending on the type of case you have, e.g. holiday, building or road traffic dispute.
You do not have to attend the hearing as long as you give 7 days notice before the hearing to the court and your opponent telling them you will not be attending.
You can send written evidence to the court and the court will take your evidence into account when reaching its decision. The court must tell you the reasons for its decision.


Deciding a Specific Issue
If your case is unlikely to involve a major dispute of fact then it may be better to use the alternative procedure known as the "Part 8 Special Procedure".
This is suitable for example, if you need the court to decide whether you can have access to certain medical records so you can start a claim for personal injury, or if you have reached an agreement with your opponent before starting an action and you just need the court to formalise that agreement in a "Consent Order". Or if you simply need the court to decide a specific issue before you start your action. You must use a Part 8 Claim Form.
Your Claim and an Acknowledgment of Service Form will be sent to the defendant. The defendant must return the Acknowledgment of Service Form, but no defence is required. (The defendant can also acknowledge service in an informal document, such as a letter.)
If the defendant believes the Part 8 Special Procedure should not be used he must say so in the Acknowledgment of Service Form.
The court will then fix a hearing date or set a timetable (Directions).

Time Limits
Some examples of time periods, which you should bear in mind when bringing a claim, include,
1. If your claim is based on Contract then you must bring your action against your opponent within 6 years of the date of the breach of contract. However for certain types of contract the period can be extended to 12 years (e.g. where the contract is in the form of a Deed).
2. If your claim is based on the Negligence of your opponent then again your action must be brought within 6 years. The 6 years start to run from the date of the Negligence.
3. For Personal Injury claims including Fatal Accidents involving death the time period is 3 years. The 3 years runs from the date of the injury/death or the date you first learnt about the injury/death. If you were under 18 at the time then the 3 years runs from when you reach 18. See Accident Claims Time Limits

Judgment in Default
You may be able to enter "Judgment in Default" against your opponent without the need for a Hearing if:
1. Your opponent does not return the Acknowledgment of Service Form or does not return the form for defending a claim or file a separate defence. Your opponent has a set time limit to return this form to the court. For some actions this is 14 days and for others it is 21 days. The court will be able to tell you when your opponent should return this form to them.
2. Your opponent admits part or all of your claim.
If your opponent admits only part of your claim you can enter judgment for the amount admitted but will have to argue in court about the amount, which is not admitted.
To enter Judgment in Default you will need to obtain a Form from the court, this is known as a "Request for Judgment" Form. You can send this to the court if your opponent has not paid you or replied to your Summons.
You cannot obtain judgment in default if your claim is for delivery of goods which are subject to an agreement covered by the Consumer Credit Act 1974. See Consumer. Or a claim for money secured by mortgage or probate proceedings.
You also cannot obtain judgment in default if you have chosen to have your case dealt with under a special procedure known as a "Part 8" procedure. This is a procedure where you can ask the court to make a decision about an issue in your case, which is unlikely to involve facts, which are substantially disputed. See Part 8 Procedure in Deciding a Specific Issue

Summary Judgment
To avoid a trial (there will still be a court hearing) you can apply to enter Summary Judgment against your opponent. If:
1. He is a claimant and has no real prospect of succeeding with the claim he has brought or the issues, or
2. He is a defendant and has no real prospect of successfully defending the claim or issue, and
3. There is no other reason why the case or issue should be decided by a trial.
To apply for "Summary Judgment" you should obtain an "Application Notice" Form from the court and this should be supported by a "Statement" and sent to the court. In the Statement you should set out the reasons why you think summary judgment should be given and that you are making it for one of the reasons given above. You must serve a copy of this statement on your opponent 7 days before the summary judgment hearing.
Your opponent can also produce a statement, this must be sent to you 3 days before the hearing.
You can draft your own statement using the same layout for the heading as the Particulars of Claim.
If you are a claimant you cannot apply for summary judgment until your opponent has either returned an acknowledgment of service form or has filed a defence, unless the court gives you permission to apply.
If the court agrees with you they will give Judgment in the case to you, or strike out your opponent's claim, or make a conditional order that your opponent pays a sum of money into court as a condition of the case proceeding, or takes a particular step in the action. If the court does not agree with you your application will be dismissed.
The court can decide to give summary judgment even where you or your opponent does not apply for it.
The court cannot give summary judgment in cases involving possession of residential premises or shipping cases.
If you want to know how to set out a Statement see Case Examples
You may have to pay a court fee

Statement of Truth
This must be added to the end of a statement of case, (e.g. particulars of claim or defence etc.) and any application notice not supported by a separate statement and any witness statement.
The statement must be signed by you.
The statement of truth should use the following words when used at the end of a statement of case or application notice:
"I believe that the facts stated in this (name the document and the date of the document) are true."
The statement of truth at the end of a witness statement should say:
"I believe that the facts stated in this witness statement are true."


Striking out a Claim of a Defence
You can apply to ask the court to strike out your opponent's claim if you consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong). This will mean the claim will not proceed.
Or you may apply to strike out your opponent's defence if it consists only of a bare denial with no facts, or if the facts could not possibly amount to a defence.
This will mean that you may then be able to enter judgment against your opponent.
You should use an Application Notice Form to apply and file a statement / affidavit in support if you want to draw the judge's attention to a number of facts in support of your application.
There will be a hearing at which time the judge will decide whether to make a "Striking Out Order". Your opponent can also file evidence setting out his / her position.
The judge can decide to strike out a claim or defence even if you or your opponent does not apply if the judge considers any of the above grounds apply.

Affidavit in Support
This is a statement, which must be signed by you in front of a solicitor or by the local County Court. If you use a solicitor they are entitled to charge a fee of £5.00 for swearing the Affidavit and £2.00 for each document included with the Affidavit.
If you swear the documents at court there is no charge. County Courts cannot swear Affidavits connected to cases brought in the High Court.
You should set out in your affidavit the reasons why you are making your application.
You should send to the court the original Affidavit together with copies for the court and copies for each opponent as well as your Application Notice Form.

Bankruptcy
If the debt owed to you is for more than £750.00 you can apply to make the person who owes you the money bankrupt.
You must first demand the money by serving on your opponent a "Statutory Demand Form", (this can be obtained from legal stationers).
You must then wait 3 weeks and if your debt is not repaid and your opponent has not applied to the court to set aside the Statutory Demand, you can carry on.
You must send to the court a "Creditors Petition Form", which you can obtain from the court and pay a court fee.
You must show that your opponent has not paid the debt and there is no possibility that they will be able to pay the debt.
The court will fix a hearing date to decide whether to make your opponent bankrupt. If your opponent is made bankrupt then the court will appoint someone called a "Trustee in Bankruptcy" to look after your opponent's affairs.
The "Receiver" will be responsible for sharing out any money or property your opponent has between you and any other people your opponent owes money to.
However, the Receiver pays out in a special order.
Just because you have applied to make your opponent bankrupt, does not mean that you will be first in the queue to be paid. Once you have made your opponent bankrupt you cannot start any other legal proceedings against him.
This means that you cannot go on to try a different method of enforcement. Once a Trustee in Bankruptcy is appointed no court proceedings can be started against a bankrupt without the permission of the court.
When your opponent finds out that you are about to make him or her bankrupt they could try to avoid this by applying to the court for what is known as a "Voluntary Arrangement". This will prevent you starting or continuing with bankruptcy proceedings.
Instead your opponent will submit a report to the court with his proposals to pay his debts. A meeting will then take place, attended by anyone who your opponent owes money to. You and those other people are allowed to vote either to accept or reject your opponent's proposals.
If the majority of those at the meeting reject the proposals then you can carry on with your bankruptcy proceedings.
If the majority accept it then you may have to accept your opponent's proposals even if this does not guarantee you full payment of your debt.

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Setting Aside Judgment
If you are a Defendant and you were not aware of the claim being made against you until after judgment then you can apply to set aside judgment.
You may not become aware that judgment has been made against you until a court bailiff contacts you. You should act quickly and contact the court and make an application for:
1) A Stay of Execution. See Case Examples
2) An order Setting Aside Judgment. See Case Examples
You should obtain an "Application Notice Form" from the court. You will need to support your application with either an Affidavit or a Statement.
Usually a court will agree to set aside judgment if you can show that you did not receive any court papers and therefore were not aware of the court case against you. For example, you may have moved and the Claimant may have given your old address to the court.
An application for a stay of execution is necessary to stop the Claimant from trying to enforce judgment. You can make this application without telling the Claimant and the court can make an order without the Claimant being at court.
When you make your application to set aside judgment the court will fix a hearing date. Both you and the Claimant will have to go to this hearing. You will have to explain why you want the court to set aside judgment.
If the court sets aside judgment you will be allowed to put in a Defence (see Case Examples) explaining why you do not agree with the Claimant's claim.
The court will also give you a timetable to explain what you must do next. For example, you may have to tell the Plaintiff what documents you want to use to prove your Defence and if you have witnessed(s) they may have to make statement(s) which you must send copies of to the Plaintiff.
If you are the Claimant and you become aware at any stage that the particulars of claim may not have reached the Defendant you should apply to set aside any judgment, which has been made.

Human Rights Act 1998 - Civil Proceedings
The Human Rights Act came into force on 2nd October 2000 and incorporates into UK law certain rights and freedoms set out in the European Convention on Human Rights.
A court has to identify whether a Convention right exists in proceedings before it and can apply the Convention principles to protect that right. A restriction of Convention rights will only be justified if:
• 1. It is allowed by law, and
• 2. It pursues a legitimate aim, and
• 3. Is proportionate and necessary.
Individuals can bring civil proceedings against a public authority, which has breached or threatens to breach their Convention rights or can rely on their Convention rights in other legal proceedings.
A right to a fair trial within a reasonable time and by an independent and impartial tribunal / court, is likely to be one of the most asserted rights in the civil courts.
Article 6(1) supports the right of access to a court, which includes offering financial help in appropriate circumstances. For example, an order that one party in a civil case pay a sum into court as security for the other party's costs could infringe Article 6(1) if that party cannot raise the sum or has a reasonable prospect of succeeding in their case. Or if a litigant is prevented from having access to a court because of financial restrictions. This may give rise to a challenge to the UK Community Legal Services Funding system, (formally Public Funding).
Article 6 also guarantees a right to be given reasons for a court decision and a right to have decisions made within a reasonable time.
Possible areas of challenge might be:
a) The changes to eligibility for Community Legal Services Funding (Public Funding) which has placed a wider number of people outside the scheme and therefore arguably has denied them access to financial assistance in bringing court proceedings.
b) Strike out provisions of part 24 of the civil procedure rules which allows cases to be struck out without the court considering all the evidence, which would be available at trial.
c) The disclosure rules under the civil procedure rules, which in fast track cases limit the nature and type of documents, which can be, disclosed (standard disclosure).
d) Expert evidence rules where there is a limitation placed on experts giving oral evidence.

Addresses & Telephone Numbers
Lord Chancellors Department (for Small Claims Procedure)
Civil Operations
Southside
105 Victoria Street
London
SW1E 6QT



District Land Registries
National Searches
Tel: 01752 636666
Fax: 01752 636699
(for Charging Orders)

Chartered Institute of Arbitrators
24 Angel Gate
City Road
London
EC1V 2RS
Tel: 020 7837 4483