If the defendant files the Dispute Note, the court workplace will set the time, date and place for the look. If the claim was issued through MCOL or the County Court Enterprise Centre, the decreased MCOL costs apply. Civil situations are commenced by the filing of a Statement of Claim or a Summons – based on the kind of case. In addition, transcripts and/or exhibits will be retrieved from the reproduction area, attached to the court files if such documents are requested, and delivered to the judge’s chambers the day just before the scheduled event(s). When a hearing date is allocated the case may also be referred to mediation , a form of option dispute resolution.
If the defendant doesn’t attend, the plaintiff can ask the court to enter judgment against them and be awarded the amount they claimed plus any charges incurred. The court fee payable is primarily based on the value of the counterclaim or extra claims and exactly where the original claim was issued. The arrangements for mediation or the trial will be made at the directions hearing and you will also receive a letter from the registry with the date in writing.
Cases that are settled with out a court hearing being required (usually 96-97% of claims) or outcome in a default judgment are thus not incorporated. In most cases, there will be a number of case management appearances necessary prior to the case is listed for a hearing. Upon getting bench warrant returns (for failure … Read the rest >>>