An Accessible System

Informality

The small claims court is a court and should not be taken lightly but there are elements more akin to arbitration than a formal trial.

Hearings are often held in judges chambers and levels of legal rigour, such as the rules of evidence are at a reasonable level.

Alternatives

The court is likely to suggest their free mediation service. Where both parties agree to that route, we are happy to add input if required.

We also offer our own mediation service, not free but low cost and including technical support. By all means use whichever suits.

Resolution

That decision should naturally be in tandem with your solicitor where you have one, many do offer fixed fee support for small claims.

Whether or not you are using legal advice, the small claims system is meant to assist fair resolution in an open way, as we hope to.

Small claims hearing in chambers
 

Expert Evidence in Small Claims

You may be familiar with small claims track procedure. or be legally advised but if not, there are useful links and information available. Core points applying to expert witnesses in small claims cases are:

  • You should always seek permission from the court to use expert evidence, via the allocation questionnaire, or at other stages.
  • Whilst not obligatory, where appropriate the likelihood of the court preferring a single expert for both parties is high.
  • An expert giving oral evidence is unusual, normally a written report, along with subsequent written questions and answers.
  • Even where you are able to recover expert witness costs, in most cases these will be limited to £200.

The last point does not mean you need to be notably out of pocket. Reports in small claims cases can be relatively informal and concise. This does not make them less effective, if well prepared they can suit the requirements of the court.

Technical Needs in Website Disputes

As with many issues of a technical nature, the court may require an expert witness report for a website dispute. Bearing in mind the probable nature of the case, this is wholly understandable and we are happy to use our services to help:

 

We would suggest that you contact us at as early a stage as you can. This can ensure we provide the right support but also help you work with the court. There is no cost involved in talking to us for as long as you need.