All cases are started on the same claim form.
To help the judge allocate your case, you will be sent a directions questionnaire. The questionnaire asks for certain information such as whether you want to call any witnesses and details of any experts’ evidence you want to use.
If your opponent has sent in a defence against your claim, you will be sent a copy of their defence and your opponent will also be sent a directions questionnaire.
You will be given a date by which the directions questionnaire must be returned by the date that it is due or your claim may be dismissed.
The Court will then send you standard Directions. The directions will also tell you what you need to do next. You must follow these directions. If you don’t, the case could be postponed and you could have to pay all the costs of the case.
The Directions will include being told to send your opponent copies of all the documents you wish to use in evidence and to file a copy of all these papers with the court and to file witness statements in support of your claim.
You will be given at least 21 days’ notice of the hearing date. You must have carried out all of the judge’s directions before the hearing or it may be adjourned and you may be asked to pay the costs of the wasted hearing. You must attend the hearing or your case may be dismissed.
At the end of the hearing, the judge will give the judgment (court order) and reasons for making the order.
If your opponent then fails to comply with the Judgment then you can enforce the Judgment.
At Wrigley Claydon we can deal with the whole process for you to give you peace of mind or alternatively we can help you with parts of the process.