Navigating Litigation: Important Details for Small Claims Hearing
Legal proceedings can be complex, especially when it comes to small claims hearings. In this article, we will delve into a specific litigation case with the directive “IT IS ORDERED THAT.” Hearing is set and following are ordered from claimant. This order outlines crucial details for a small claims hearing scheduled for 11 November 2023 at 10:00 at the County Court at Norwich, Bishopgate, Norwich, Norfolk, NR3 1UR. Let’s break down the key information and understand the significance of each element. See small claims process.
- Hearing Details:The small claims hearing is set to take place on 11 November 2023 at 10:00 at the County Court at Norwich. It is designated as an in-person hearing with an estimated duration of 2.5 hours. The precise location is Bishopgate, Norwich, Norfolk, NR3 1UR.
- Important Hearing Fee:The order emphasizes the hearing fee, an additional cost in addition to the issue fee. The Claimant must pay the Trial fee of £346.00 by 4 pm on 14 October 2023, or file a properly completed application for help with fees. Failure to comply will result in the claim being struck out, effective from 14 October 2023, with potential liability for the Defendant’s costs.
- Trial Fee Details:The Trial fee, referenced as fee 2.1 in the current Civil Fees Order, is non-refundable. If the claim is struck out, the hearing will be vacated unless a counterclaim survives. To initiate fresh proceedings after a strikeout, a new claim must be filed with the appropriate fee or application for help with fees.
- Reinstating a Claim:If the Claimant or Defendant wishes to reinstate the claim, they can file a new claim with the required fee or application for help with fees. An application to reinstate the claim is also possible, provided it is accompanied by the appropriate fee or application for help with fees.
- Mediation Information:The order provides information on small claims mediation, encouraging parties to explore this alternative dispute resolution method. Details can be obtained from the court office or online resources.
- Expert Report Permission:The parties have permission to rely upon the written report of a single joint expert who is a vehicle engineer. The order specifies the issues on which the expert shall report, including the condition of the engine, issues regarding the turbo unit, any defects, remedial work, and the likely cost of such work.
- Selection of Independent Expert:The Claimant must provide a list of 3 preferred independent experts by 4 pm on 19th May 2023. The Defendant then selects one expert from the list and notifies the Claimant of its choice by 4 pm on 26th May 2023.
- Expert witness questions:
- The condition of the engine of the Claimant’s vehicle and, in particular, any issues regarding the turbo unit and any failure of that unit?
- How any such defect was likely to be caused?
- When any such defect was likely to be caused?
- Whether any remedial work has been carried out on the vehicle since it was purchased by the Claimant?
- Whether any such faults, if found, are issues affecting the quality of the vehicle at the time of its supply by the Defendant to the Claimant?
- What, if any, remedial work is required in respect of the above issues and what is the likely cost of such work?
| Claim amount | Fees |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of the claim |
| More than £200,000 | £10,000 |
Understanding the details outlined in the “IT IS ORDERED THAT” directive is crucial for both the Claimant and Defendant involved in this small claims hearing. From hearing specifics to fee requirements and expert selection, these details shape the course of the litigation. Staying informed and adhering to the outlined deadlines and procedures is paramount for a smooth legal process.
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