Why do I have to issue Court Proceedings on my Claim?
If a resolution cannot be reached on a claim, we advise issuing County Court proceedings. This is to ensure that your case will be taken seriously by the Third Party Insurers and they then properly take control of the case.
We will lodge your claim at Court setting out details of the case and a summary of any financial losses, for example, vehicle damage, hire, loss of earnings etc.
What happens once my claim is issued?
Once the claim has been received at Court, they serve it on the Defendant and they have 28 days to serve a Defence to the claim, setting out why they are not making any offers.
The claim will then be allocated to a ‘track’ depending on the financial value of the case and the complexity.
There are three tracks:
- Small Claims track – cases where compensation for injuries, pain and suffering is likely to be £1,000 or less
- Fast Track – cases where the claim is likely to be up to £25,000 and the final Trial is likely to last a day or less.
- Multi Track – cases where the claim is likely to exceed £25,000 and there are complex issues where the Trial may be over one day.
The Court then allocates a strict timetable of steps to take to prepare the case for Trial. The steps to take include:
- Disclosure of documents – this is a document where both parties provide a list of all of their evidence. You will be asked to sign this document to check the evidence to be disclosed. Following this, the parties request sight of each other’s documents.
- Witness Exchange – This is where both parties provide formal statements and they are disclosed to the opposing party. We will obtain the statement from you in relation to liability and quantum of your claim. You will need to sign this document also and agree that it is correct and to the best of your knowledge.
The Court do not take lightly on anyone signing a document knowing the contents are untrue and can impose penalties so it is imperative that the documents are reviewed carefully and that they are completely accurate before signing.
What will I need to do?
As advised above, you will need to sign the Disclosure List and Witness Statement and there may be further documents which may be necessary, depending on each case.
At Nayyars we take care of the running of the case, however there are strict time limits set by the Court so if we require further information or documents signing, it is vital you respond as quickly as possible. The Court can impose penalties if there is a delay with no good reason.
Trial
If settlement cannot be reached on your claim, it may be necessary to proceed to Trial. Not many of our cases at Nayyars go to Trial but we are not afraid to proceed with your case all the way! You will be supported on the run up to Trial and a barrister will be with you on the morning of Trial to go through what to expect.
Kate Draper
Litigation Executive
