Litigation without a hearing

legal updates

We’ve recently dealt with a case which was decided by the Judge on paperwork only.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Litigation can be a lengthy process which takes up time for all parties involved. The traditionally method is for the claim to be heard at a hearing by the Judge. Both parties therefore have the opportunity to speak and state their case. In a Small Claims matter, the hearing will generally be lead by the Judge, asking questions to each party and then each party will be able to finish with a closing statement.

However, during the process of litigation, upon the case being allocated to a Court or a “track” (Small Claims, Fast Track and Multi Track) a Judge may suggest to the parties that the case be dealt with without a hearing. Both parties must agree to this for it to happen, if one party declines then it will be deemed by the Court, that the party declining is willing to travel to a court convenient to the other party!

We’ve recently dealt with a case which was decided by the Judge on paperwork only and the hearing disposed of. The Claimants case against our client (Defendant) was dismissed.  

The above can work very well if all documentation is done properly and sufficient evidence can be produced in support of the Claim/Defence. It also saves the extra expense and hassle of travelling to a Court.

The disadvantages, if a party particularly wishes to state their “piece” they wont be given this opportunity to be heard in front of a Judge, it certainly can be included within the Witness Statement but the party may not deem this to be the same.

Profit BoxDevelop your people like your business depends on it

What most people don’t know is that talent development doesn’t have to be complicated, high risk or expensive. Once they integrate key development stages, the results can be remarkable. Empower your team. Lead your industry. We’re your strategic learning partner, driving performance by moving skills forward.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

An eventful small claims hearing

Discover how a simple oversight in witness representation and off-screen coaching at a remote hearing can dramatically impact legal outcomes, underscoring the critical need for adherence to procedural rules and proper pre-action conduct in our latest insightful article.

From initial complaint to court claim form – let us help you

You can feel assured that court deadlines are attended to with the required attention and specialism.

Is it time to ditch “Dear Sirs”?

Clearly, “Dear Sirs” is old-fashioned, but is it sexist?

Location, Location, Mislocation: A costly oversight in court attendance

What the unfortunate Claimants (husband and wife) had not appreciated, was that the hearing was listed for the court at Central London.

Court re-instates a claim because of its own error!

One wonders how many times the courts have made the same error.

To Be or Not To Be Remains the Legal Question

The Claimant had sought to reject a commercial van that he had been using for business purposes but alleged that he was a consumer.

Always Deal with Court Documents

This cost our member an application fee to the court, plus a legal representative at court for the hearing.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.