Index
| Author | Patricia Pearl/Tim Parker |
| Pages | 321-339 |
Index
References are to page numbers.
Acknowledgment of claim see under
Responding to claim
Advice
free, access to 19 how to use the book 3–4 sources 19, 117 websites, etc, offering 19 Advocacy
actual legislation, etc, producing 228 closing speech 227–8 company, by 206 cost/benefit, need to consider 205 cross-examination 226–7 effective, key points 229 examination in chief 225–6 general considerations 229 generally 204–5 informal approach 224 lawyers, use 205 lay representative 205–6 legal points, raising 228 listening skills 229 matters to bear in mind 204–5 note-taking 229 opening speech 225 politeness and rationality, benefits 229 practical tips 228 re-examination 227 summary of key points 204 Allocation
assessing value of claim 73 clarification of case, court asking
for 82 court deciding the case on paper 82
court striking out on own initiative 82 generally 71 hearing
necessary, where 83 notice and attendance 83 rarity 83 Welsh, in 85 intellectual property proceedings 115 matters for court to consider 73 meaning 71 overriding objective, judge bearing
in mind 74 principles 73–4 steps between allocation and
hearing
standard directions 169–70 see also Hearing (preparation for) track
changing or challenging 83–4 types
generally 71–2 see also Small claims track
below
value of claim
claim not qualifying on financial grounds 76 dishonesty, disputed allegations 75 housing 74–5 injunctions 75–6 Intellectual Property Enterprise
Court, in 76 limit 72, 74–6 no financial value 76 personal injury 75
322 Small Claims Procedure in the County Court
Allocation (continued)
value of claim (continued)
views of parties 76
views of parties, whether relevant 76
Alternative dispute resolution see also
Mediation
consideration 17 Practice Direction 288–9 Pre-Action Conduct and
Protocols 288–9
Pre-Action Protocol for Debt
Claims 295
Appeal
appeal bundle, filing and
service 241–2 appeal court: meaning 237 appellant: meaning 237 case management decision,
against 240 circuit judge dealing with 7, 9 documents needed, summary 242 flowchart 244 generally 235 grounds for
generally 237–8 precedent 146 procedural irregularity 238 questions to ask 238 hearing
absence of respondent, heard in 243 circuit judge, before 243 formal procedure at 243 generally 243 litigant in person, assistance
given to 243 limited costs rule 243 McKenzie friend, assistance
from 243 venue 243 key points, summary 235 lower court: meaning 237 paperwork required 240–2 permission
fee 239
Form N164 239 generally 238–40 grant 232, 238–39, 240
late application 239 limited to certain issues 240 made after hearing over 239 need for 237 payment of amount awarded,
no extension of time for 232 refusal 232, 239 review of application 239 rule as to 238 time limit for application 239 Practice Direction 27A 313 questions to ask prior to
considering 238 respondent: meaning 237 respondent’s notice 242 review not re-hearing 240 rules 237 second
costs 243 restrictions 243 summary table of complaints
and procedure, etc
judgment after hearing 236 judgment in default 236 terminology 237 time limits 237 Application
consent 96 costs 96 court fee 95 discretionary powers for dealing
with 96 form 95 generally 94–6 hearing
adjournment 98–9 telephone, by
generally 97 pandemic, during 97–8 rules 97 without 98 little need for 95 meaning 94 notice
contents 95 evidence in support 95 time limits 94, 95, 110
without 96, 98 oral 96 provisions for making 95 set aside, to 146 summary judgment, for see under
Summary judgment
writing, need for 94 Assessor
excluded rules 110, 113 Attachment of earnings order enforcement of debt by 258 Avoiding court proceedings
cheaper and more effective
approach, as 13 Citizens Advice Bureaux, advice
from 14 costs risk 13 fees as encouragement to settle 14 letter of claim before action see
Letter before action
litigation as last resort 16 mediation and arbitration, need
to consider 13–14 negotiated see Negotiated
settlement
ombudsman scheme, use 13–14 out of court settlement see Out
of court settlement
personal injury claims 14 practice directions, need to follow 13 road traffic cases 14 tenancy claims 14
Bad debt
registration see Register of judgments, orders and fines
Brown Book
use 9
Bundles
audio or video recording 173 availability to judge 172 generally 172–3 meaning 172 preparation by each side 172 putting together, method 172–3 records, advisability of keeping 173 spare copies in court 211
standard directions as to 173 usable, importance 172
Case law
meaning and use 9–10
Case management powers
appeal against case management 240 civil restraint order 90 court’s duty 298 court’s own initiative, made on 94 directions see Directions
generally 4, 88–9 relief from sanctions
application for
defaulting party, order for
costs against 92
whether relief should be
granted 93–4
whether sanction properly imposed 92
generally 91–2 sanctions
relief from see relief from sanctions above
types 91 striking out
reasons for 89–90, 122–3 reinstatement 90 time for exercising 89 unless order 90, 91 Charging order
application 259 fee 259
generally 258–9 Land Registry records, on 258 order for sale 259 property to be used against 259 rule 259
types 259 Checklist for starting a case
amount claimed 47 brief details of claim, giving 41 claimant
address, stating 34 documents, address for
sending 34–5 naming 33
324 Small Claims Procedure in the County Court
Checklist for starting a case (continued) claimant (continued)
payments, address for sending 34–5
court fee
calculating 48 remission 48
defendant
address, need for 38 identifying
bankrupt 38 business premises, by 35 company 37 company in liquidation 38 documents, from 35–6 limited company, directors of 36–7 mistake in 35 partnerships 37 principals and agents 37–8 request for 36
naming 33, 38 service, place of 39–41 diary note, making 51 file for case papers, making 51 generally 30–1 hearing centre, choice 49 human rights element, whether involving 42 interest, calculating
contractual 43 generally 42–3 late payment of commercial
debt 44 personal injury claim 43 statutory 42, 43 issue of claim form
court, by 49–50 online 49 legal representative’s costs, calculating 48 next steps 51 overview of procedure between response and allocation 51–2 particulars of claim see
Particulars of claim
service
attempt to evade 40 delay 50
generally 50 method 50 successful, whether 40 technical concept, as 40 specified or unspecified sum,
whether claim for 31–2 statement of truth see Statement
of truth
unique claim number, assignment 51 value of claim, need to check 47 Circuit judge
appeal heard by 7, 9 appointment as 9 background 9 Citizens Advice Bureaux
advice from 14, 19, 117 Civil Procedure Rules
appeals 237 applications see Application background to introduction 5 case management powers see
Case management powers compliance with judgment or
order, time for 109 directions
court’s power to add to, vary
or revoke 304 special 315–16 standard 314–15 excluded rules 110–14, 172 generally 87 hearing
disposal without 306 final, non-attendance of
parties at 305–6 procedure at 305 information and documentation
breach of duty cases 314 building disputes, 313–14 contractual claims 313–14 landlord and tenant claims 314 repairs 313–14 road accident cases 313 sale of goods 313–14 intellectual property proceedings
see Intellectual property proceedings
overriding objective
application by court 88, 298 case management powers see
Case management powers generally 4, 87–8, 297 parties’ duty to further 298 Part 27
applicability of other Parts 301–2 costs 307–8 experts 303 final remedy, court’s power to
grant 302 hearing see hearing above preliminary hearing 304 preparation for hearing 303 re-allocation of claim to
another track 308 scope 301–2 setting judgment aside and re-hearing 306–7 Practice Direction 1A 299–300 Practice Direction 27A 309–16 procedural errors 108–9 procedure under 4 service of claim form see under
Service of documents
setting aside judgments 245 slip rule 108–9 speedy, effective and
proportionate approach 5, 87–8 statement of truth see Statement
of truth
summary judgment see Summary judgment
time limits, calculating 109–10 transfer of cases between courts
see Transfer of cases between courts
witness summons 175 Claim
admission
partial 122 precedent, holiday claim 135 terms 122 whole 122 allocation and response, overview of procedure between 51–2
amendment 122 checklist see Checklist for starting
a case
clarification of case, court...
To continue reading
Request your trial