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Notice of Small Claims Track Allocation: Mediation and Hearing Information, Study notes of Civil procedure

A notice from the court regarding a small claims case. It includes information about the small claims track, mediation, and the hearing process. Parties are encouraged to settle the dispute before the hearing and are provided with options for mediation. The form includes sections for parties to indicate their agreement to mediation and to provide their contact details.

What you will learn

  • What is the role of mediation in resolving small claims disputes?
  • What information must parties provide in the Small Claims Questionnaire?
  • What is the purpose of the Small Claims Questionnaire mentioned in the document?

Typology: Study notes

2021/2022

Uploaded on 09/27/2022

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Notice of proposed allocation to
Small Claims Track
— Warning —
If you do not comply with this notice the cour t file will be referred to the judge who will make such order as app ears to be appropriate.
This could include striking out the claim or entering judgment pursuant to CPR rule 26.3
TAKE NOTICE THAT
1. This case is now a defended case.
2. The court officer has decided that this case is suitable for allocation to the small claims track. If you disagree you must complete ‘Part C - Track’ on the Small
Claims Questionnaire.
3. You must by complete the Small Claims Questionnaire and return it to the court. [attached] /[N??? downloadable
at www.direct.gov.uk]
4. If you are the Claimant you must also, by the same date, pay the allocation fee.
/ /
Name of court Claim No.
Name of Claimant
Name of Defendant
pf3
pf4

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Download Notice of Small Claims Track Allocation: Mediation and Hearing Information and more Study notes Civil procedure in PDF only on Docsity!

Notice of proposed allocation to

Small Claims Track

— Warning — If you do not comply with this notice the court file will be referred to the judge who will make such order as appears to be appropriate. This could include striking out the claim or entering judgment pursuant to CPR rule 26.

TAKE NOTICE THAT

  1. This case is now a defended case.
  2. The court officer has decided that this case is suitable for allocation to the small claims track. If you disagree you must complete ‘Part C - Track’ on the Small Claims Questionnaire.
  3. You must by complete the Small Claims Questionnaire and return it to the court. [attached] /[N??? downloadable at www.direct.gov.uk]
  4. If you are the Claimant you must also, by the same date, pay the allocation fee.

Name of court Claim No.

Name of Claimant

Name of Defendant

To be completed by, or on behalf of,

who is [1st][2nd][3rd][ ][Claimant][Defendant][Part 20 claimant] in this claim

Small Claims Questionnaire Name of court^ Claim No.

Under the Civil Procedure Rules parties should make every effort to settle their case. If settlement is reached parties may enter into a binding agreement which can be enforced if the terms of the agreement where to be breached. Even at this stage you should still think about whether you and the other party(s) can settle your dispute without going a hearing. You may seek to settle the claim either by direct discussion or negotiation with the other party or by mediation. Mediation is a way of resolving disputes without a court hearing, where the parties are assisted in resolving their dispute with the help of an impartial mediator. If the claim is settled at this stage the parties can avoid further court fees and cost.

You may use any mediation provider. However, HMCTS provide a free confidential Small Claims Mediation Service which is available to parties in most small claims cases which are for less than £5,000. You do not have to pay any additional court fees for this service.

Mediation is usually carried out by telephone in one hour time limited appointments convenient to the parties and is quicker than waiting for a court hearing before a judge. There is no obligation to use the Small Claims Mediation Service nor are you required to settle if you do. If you are unable to reach agreement with the other party at mediation, the claim will proceed to a small claim hearing before a judge. You can get more information about mediation from www.directgov.co.uk

If all parties agree, this case will be referred to the Small Claims Mediation Service.

A1 Do you agree to this case being referred to the Small Claims Mediation Service?

If Yes, please give your contact details below – these will be passed to the small claims mediation team who will contact you to arrange an appointment within the next 14 days.

Yes No

A Settlement/Mediation

You must complete the remainder of the form regardless of your answer to A

B Your contact details

Your full name

Address for Service

Telephone number

Email