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Small Claims Procedure in the County Court: A Practical Guide
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Small Claims Procedure in the County Court: A Practical Guide to Mediation and Litigation 5th ed


ISBN13: 9780854900527
New Edition ISBN: 9780854901425
Previous Edition ISBN: 9781858113944
Published: April 2010
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print



Wildy's Book of the Month - May 2010

"Tricia Pearl is to be congratulated on this her 5th edition... should be used by in house legal teams, and should be made available at all libraries and CAB offices and should be compulsary reading for all County Court staff, trainee Solicitors and pupil barristers... Even in these times of cuts, money should be found for there to be one copy in each County Court to be lent out when procedural queries are raised...It should be included by all Judges in their library allocation. It is that good" Law Bulletin

Legal professionals rarely receive any formal training or guidance on how to run a small claims case in the county court, while litigants in person, (the general public), often have to conduct such cases without legal representation.

A lack of understanding of the rules frequently leads to confusion and mistakes, which in turn adds to expense and causes delay. The fifth edition of this popular title (formerly entitled Small Claims Procedure: A Practical Guide) will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest know-how on avoiding errors and making the most of the procedures that are available.

The mediation section of the book has special prominence in this edition. Litigants using the small claims track can now agree to have their cases diverted to a mediation service run by the Courts service and at no additional charge.

The system has been in operation now for over a year and has proved popular with court users, especially litigants in person. This book sets out the scheme in detail together with practical tips on how to make the best use of this new service.

Updating material in this edition has been significant; of particular importance are the clarified rules on the date upon which court proceedings are served and the material which must be included in letters before action and other pre-action steps.

Finally, the book has been made even more user friendly by improved cross-referencing, handy tables and an extensive glossary.

Subjects:
Courts and Procedure
Contents:
Preface
Glossary
Procedural Table: Overview of Small Claims Procedure

Part 1 Claims
Preliminary Topics
Step-by-Step Guide to Starting a Small Claims Case
Responding to the Claim (Including Obtaining Judgment in Default or on an Admission)
Allocation Questionnaires and Allocation
Other Parts of the Civil Procedure Rules
Drafting Rules and Precedents in Small Claims Cases

Part 2 Mediation
Mediation of Small Claims through the County Court

Part 3 Hearings
Steps between Allocation and the Hearing (Including Checklist for Preperation for the Hearing)
The No CostsRule
The Hearing
Appeals and Applications to Set Aside Judgement
Enforcement of Small Claims Judgments in the County Court

Appendices
Court Fees Payable in Small Claims Cases
A. Commencement Allocation and Hearing Fees
B. Applications and Appeals
Fixed Commencement Costs
Fixed Costs on Entry of Judgement
Practice Direction(Pre-Action Conduct)
Civil Procedure Rules Part 1
Civil Procedure Rules Part 27
Civil Procedure Rules Practice Direction to Part 27
Allocation Questionnaire for Small Claims Cases
Costs Schedule
Table of Cases
Table of Rules
Table of Statutes
Index