Evidence Accepted and Requied by a Small Claims Court

Written Evidence
There is no substitute for good written evidence in the form of copy invoices, letters, inventories or witness statements. Great care should be taken to ensure that original documents are available in good condition to present in Court on the day of the hearing. The Court prefer the Claimant to provide all evidence to the Defendant prior to the issue of proceedings in an effort to settle the matter without recourse to the Court.

After issue of proceedings advance when using loans calculator - just enter amount of money you would like to borrow. Copies should be forwarded to the Court and the Defendant prior to the hearing. The Court will advise when they are required.

It is best to assemble all of the documents into a "bundle" with the pages carefully numbered with a witness statement and an index sheet at the front. Documents with pages missing, deleted items or Tippexed words should be avoided as they will lack credibility.

What is small claims?

This section is concerned with going to the county court in order to claim for something worth no more than £5000. That something is usually money. It can also be goods.

Such claims are generally brought under what is called the small claims track of the county court. Higher value claims are usually brought under different tracks. Although the type of track is generally based on the value of the case, a second and important factor is the straightforwardness of the claim. 

The types of claim presented at this site are at a basic level. 

Where monitory claims are being made receipts and invoices are essential. If the claim is for damage which has not been rectified good quality estimates are required or specialist reports.

Oral Evidence
The presentation of oral evidence is an essential part of the procedure. The judge will ask in-depth questions and the more detailed the answers the better understanding the judge will have of the claim. Careful preparation prior to the hearing is vital and the evidence should be well rehearsed. Always refer to the document bundle quoting the page number and wait for the judge to find the page before starting to speak.

Speak carefully and do not hurry your words. Do not assume that the judge will understand technical terms or jargon - explain each term carefully. If the other side make a statement that you do not understand ask for an explanation.

During the hearing detailed notes should be taken, particularly when the other side are giving evidence. Each point that the other side make should be answered in the same order as the points were made. The judge will be taking similar notes and your responses will be in the same order. Do not interrupt the other witnesses - the judge will give you an opportunity to respond.

When giving evidence always tell the exact truth - do not embellish any of the facts - if you get caught out the judge will not be pleased with you!

Witnesses
You must let the Court and the other side know if you intend to call any witnesses. You should also obtain a detailed statement from the witness and include it in the document bundle.

When the witness is giving evidence do not prompt them or add to their comments. Make sure that the witness understands the court procedure and has carefully prepared their evidence.

 

 

Small Claim forms 2012 (downloads)

• Making a small claim? Some questions to ask yourself
• How to make a claim
• Debt recovery for businesses

Stage 2: The defendant's response

• A claim has been made against me - What should I do?
• No reply to my claim form - what should I do?
• The defendant disputes all or part of my claim
• The defendant admits my claim - I claimed a fixed amount of money
• The defendant admits my claim - I did not claim a fixed amount of money
• The small claims track
• The fast track and the multi track
  

If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your small claim.

{Please note the above forms are copyrighted to HMCS}

• Need small claims forms for Scotland? see Small Claims Forms
  
• Need free legal advice from your CAB see Citizens Advice Bureaux