Step 12: Allocating the defended claim
So, you've issued your claim and the Defendant has served a defence. What happens next?
Allocation
The Court must now assign or "allocate" the claim to one of the three tracks. Assuming the Court allocates your claim to the small claims track, this is the point at which your case officially becomes a small claim.
The Allocation Questionnaire
To help the Court decide which track is most suitable for the claim all parties will be sent Form N150 known as the "allocation questionnaire". You can find an example of a completed questionnaire in the DYJ toolbox - just select the precedent documents icon.
The allocation questionnaire must be returned to the Court within 14 days. That last date for filing will be shown on the Form in the top right hand box.
HOW TO COMPLETE THE ALLOCATION QUESTIONNAIRE
There are eight sections to the questionnaire. These should be completed as follows:-
A - Settlement
Judges are keen on people attempting to settle claims by negotiation. The questionnaire provides you with a further opportunity to settle out of Court by allowing a "stay" of the proceedings. You can think of this as a sort of pause button.
If you believe the claim is capable if being settled in this way then tick the "yes" box and a one-month stay will probably be granted.
B - Location of Trial
This section allows you to request the hearing of your claim to be held at a particular Court. If you and your opponent live a long distance from each other then consider suggesting that the hearing takes place in a Court located somewhere between you.
C - Pre-action Protocols
The Courts are in the process of introducing specialist protocols for all the main types of claim. The protocols set out the steps which the parties should take before Court proceedings are commenced. However only a few protocols have been approved such as the ones for personal injury claims, medical negligence and cases of solicitor's professional negligence.
Unless you are aware that a protocol applies to your claim then complete Part 2. If you have followed the suggestions elsewhere in this guide about pre issue conduct then you should be able to safely tick the "yes" box to confirm you have exchanged information and documentation.
D - Case Management Information
Firstly you should insert the amount of the claim that is in dispute.
Secondly, you should state whether you have any applications to the Court outstanding and in the unlikely event that you do, supply appropriate details.
Thirdly, you should provide details of any witnesses of fact you intend to call on to give evidence. A witness of fact must be distinguished from an expert witness who is someone called to give evidence in their capacity as an expert or specialist, normally in relation to a technical or scientific issue. For instance a person who witnesses a car accident is a witness of fact whereas a doctor who reports on the injuries sustained in the accident is an expert witness.
Details of any expert witnesses you wish to rely on has to be given next but please note that the Court's permission has to be obtained. Expect the Court to limit the use of expert evidence. It is usually costly, so the expense needs to be justified.
If expert evidence is allowed it will normally only be permitted in the form of written report rather than by the expert attending Court in person.
Remember, even if you win your case you will be limited in the amount you can recover towards the cost of instructing the expert. The expense can be shared if the judge directs that a single joint expert would be suitable. Before going ahead, make sure everyone is in agreement about the issues the expert is being asked to address and who is responsible for paying the expert's fees.
Finally the questionnaire asks for your views on which track is most suitable for your claim. This is your opportunity to specify the small claims track.
E - Trial or Final Hearing
The form invites you to predict how long the hearing will take in terms of days, hours and even minutes! In the absence of previous experience or a crystal ball you can either give a "guestimate" or simply invite the Court to decide.
You can also give details of non-availability. If you or one of your witnesses have a holiday booked for instance then you can specify the dates you wish to avoid. Whether the Court takes any notice is another matter however!
F _ Proposed Directions
The term "directions" refers to the things that the Court orders or directs the parties to do before the final hearing takes place.
There are a number of sets of standard directions used in small clams cases. The Court will not expect you to know about these or to have agreed on specific directions with your opponent. So, you can safely tick the "no" box here. The standard directions which the Court can make are examined next.
G - Costs
As the form says, you can ignore this section if you have specified that the claim is suitable for the Small Claims Court.
H - Other Information
This is an opportunity for you to tell the Court about anything which is likely to be relevant to allocation or the Court's subsequent management of the case. For instance, tell the Court about any peculiar or unusual feature of the case; ask the judge to order your opponent to clarify any vague aspect of their defence or disclose copies of any relevant documents.
Submitting the Allocation Questionnaire
Once completed return the form to the Court remembering to enclose a cheque for the allocation fee. If you fail to do so within the stipulated period your claim could be struck out.
35%
