Anyone been to a small claims court? What's the process in the hearing?

[northernladuk]

How does it work in the actual hearing? All docs have been sent to the judge before hand as per the process. Do I have to stand up and make my case and they stand up to make theirs? When do I get to stand up again and argue the points they've just made etc?

Or does the judge just sum up from what he's seen and we have to just answer his questions etc?

Anyone been and could give me the low down please?

[NowPermOutsideUK]

Yes a few times - There is a claim form, then the defendants submit their defence to narrow the issues and then there are witness statements from both sides and finally a skeleton argument from both sides which sets out the points they will verbally articulate and reference to case law which they rely upon

Its quite informal and you can do it all yourself

[ladymuck]

Did you have a slip, trip or fall that wasn't your fault?

[jatinder]

When I was in the small claims court a few years back, it was very informal. The judge (lay-person) was fully clued up on all the evidence from both parties, and asked for a simple summary from both followed by detailed questioning based on the evidence.
It was for a faulty item from a shop - and the judge wanted to see it and touch it etc.
Eventually he decided in our favour and that was it.

I would say that the judge in our case wasn't really looking at sale-of-goods-act or Trading Standards etc - I believe he was just asking "is this reasonable"?

--Jatinder

[northernladuk]

Yes a few times - There is a claim form, then the defendants submit their defence to narrow the issues and then there are witness statements from both sides and finally a skeleton argument from both sides which sets out the points they will verbally articulate and reference to case law which they rely upon

Its quite informal and you can do it all yourself

I explained I've done this and did ask what is the proces IN THE HEARING.

[Lance]

I explained I've done this and did ask what is the proces IN THE HEARING.

the accuser makes their accusation. and presents evidence that has been submitted in the pack.
The defender defends their position, using evidence that has been submitted.
The Judge (NOT A LAY PERSON) then asks questions if he wants clarification, and makes his judgement.

When I was in one the main hearing was around 15 minutes. The next 30 minutes were the judge making a decision on whether costs could be claimed due to technical reasons not normal for a small claim.

[Lance]

When I was in the small claims court a few years back, it was very informal. The judge (lay-person) was fully clued up on all the evidence from both parties, and asked for a simple summary from both followed by detailed questioning based on the evidence.
It was for a faulty item from a shop - and the judge wanted to see it and touch it etc.
Eventually he decided in our favour and that was it.

I would say that the judge in our case wasn't really looking at sale-of-goods-act or Trading Standards etc - I believe he was just asking "is this reasonable"?

--Jatinder

Do you know what a lay person is?
Or a judge for that matter?

[hobnob]

I'm guessing that jatinder went to a magistrates court, i.e. there was a magistrate (no legal qualifications) rather than a judge.

[jatinder]

Yes, it was a magistrate's court...the "judge" was not legally qualified but I'd hope to think he had a good understanding of consumer law etc.

--Jatinder

PS: I see now, he was probably a magistrate.

[Lance]

Yes, it was a magistrate's court...the "judge" was not legally qualified but I'd hope to think he had a good understanding of consumer law etc.

--Jatinder

PS: I see now, he was probably a magistrate.

Was it a small claims court, or a small claim in a court?
im not aware that magistrates do small claims courts.