Q&As

What is the process where the defendants attend a compulsory Small Claims Mediation Service (SCMS) but refuse to engage? Should the court be notified?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 24 February 2025

For claims issued from 22 May 2024 issued for sums of money of under £10,000 (ie the small claims track limit), it is mandatory to undertake mediation, as a result of CPR PD 51ZE. It is free of charge and there is no requirement to settle or even to engage with the mediation itself. The scheme is part of a pilot, which runs until 21 May 2026.

Following completion of pleadings and the filing of Directions Questionnaires, the claim is automatically stayed for 28 days and a referral to mediation is made. CPR PD

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).