Step 13: Standard Directions
When the allocation questionnaires have been returned a judge will allocate the claim to one of the three tracks and you will be sent notice of the decision. Assuming your claim is allocated to the small claims track you will usually also be given a date, place and time estimate for the hearing.
The directions state what things the parties should do prior to the hearing. The aim is to make sure each party is aware of the other side's case so that "all the cards are on the table".
The Court will usually issue a set of the standard directions contained in Part 27 of the CPR. You will find Part 27 in the DYJ toolkit; just select the appropriate icon to view the standard directions.
Make sure that you comply with all the directions that are given within the time limits specified.
Documents
Don't be tempted to withhold any documents which are helpful to your case with the intention of "ambushing" your opponent at the hearing. This will not go down well with the Judge who could order an adjournment and/or penalise you in costs.
Only disclose documents that are relevant to the issues in dispute - but if in doubt don't leave any out.
Remember, any letters marked "without prejudice" should not be sent to the Court or shown to the Judge until after judgement has been given.
Get the Judge in the right frame of mind by making the job easy for him or her. Make sure that photocopied documents are legible and placed in a chronological, numbered bundle.
Witness Statements
If you wish to rely on evidence from witnesses of fact then prepare a written statement for each witness. Keep the statement clear, logical and concise. Deal with the issues which are disputed by your opponent. Be sure to give sufficient background information and deal with key events in the order in which they occurred. Statements should be easy for the Judge to read so get them typed up and use short, numbered paragraphs. The DJY toolbox includes an example witness statement; click on the precedent documents icon.
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