Q&As

What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?

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Last updated on 23/06/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?
  • Small claims track—case management
  • Non-attendance at the final hearing

What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?

Small claims track—case management

Claims on the small claims track are known as small claims and are governed by CPR 27 and CPR PD 27.

Parties on the small claims track often act in person (known as litigants in person) and so the case management provisions have been focused and designed to make the dispute resolution process as quick, cheap and straightforward as possible. For further guidance on case management in relation to litigants in person, see Practice Note: Litigants in person—case management and relief from sanctions.

The court has a very wide discretion as to the conduct of the proceedings. It is important to be aware that:

  1. many parts of the CPR do not apply to small claims eg CPR 33, which includes provisions on dealing with hearsay evidence which might otherwise apply in these circumstances—see CPR 27.2 for a full list

  2. recoverable costs are very limited

The court can adopt any procedure it believes to be fair and appropriate to the dispute. Generally, the strict evidence rules don't apply, evidence does not need to be on oath and the court can limit cross-examination (CPR

Related documents:
Key definition:
Statement definition
What does Statement mean?

A statutory document setting out a child's Special Educational Needs and the educational and related provision which will meet those needs.

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