Application to set aside a default judgment (A guide to having a default judgment set aside)

INTRODUCTION

This isn’t just a book explaining how to bring a small claim in the small claims court. There are many books and guides which show you how to do this. This book is about winning a case in the small claims court. Its purpose is to give you all that you need to successfully bring or defend a small claim.

The idea behind small claims is that small money claims should be dealt with informally by those involved, and without the need for the involvement of lawyers. The small claims court was set up to provide a simple and informal method of resolving disputes, without incurring heavy legal costs. The key words are ‘no fuss, no costs, and no appeal’. It is intended for and directed towards litigants in person.

Many of the rules which apply to other civil cases are either relaxed or not applied. In particular, the strict rules of evidence are not enforced, and disputes are decided by a district judge, with all the parties usually sitting around a table in his private room. The joy of the small claims court is that the disadvantage of the small man (or woman) who cannot afford to pay for legal representation against a large business who can is reversed.

This is all very good and fine but it presents hidden dangers. The relaxed informal procedures of a small claim may open up the courts to litigants in person (for that is what you will be considered), but cases will still be decided on the same principles as a multi-million-pound dispute in the High Court. The rules of evidence may be relaxed but cases will still turn on who is believed. The procedure to bring or defend a claim may be simplified, but it is the litigant who presents a well-prepared case who is more likely to be believed and therefore succeed. However good your case, if you present it in a half-cocked way you are not likely to win in the small claims court any more than anywhere else. Cases are won here just as much by careful preparation and good presentation as in any other court.

You are going to need a basic understanding of the law which relates to your case and an understanding of court procedure. A defendant needs to understand this, just as much as a claimant. The key is effective preparation, which will also give you the confidence needed to win by presenting your case effectively at trial.

The purpose of this book is to show you how to overcome these dangers and turn them upon your opponent. You have to not just prepare your case for court, but to prepare it in such a way that when it is looked at by a busy judge, what you are saying is immediately clear and puts you in his good books. Cases are decided on the evidence presented to the court, and the evidence you present must be compelling and directed at the legal issues relevant to your case. The court has a duty to ensure a level playing field, but some playing fields are more level than others. Yours must on all accounts be superior.

Just as important as knowing how and when to bring a small claim is to know when not to bring it and the alternatives. Even if you have a good case, there is no point if, at the end, you are not going to get your money. Also, what is unfortunately certain is that bringing a case will take up your time, and if you are a claimant there will be court costs to pay. You need to be certain that the time and money you spend on your case will be justified.

Below you will find all that you need to know to bring or defend a small claim in the county courts of England and Wales. It can be your guide at every step of the way, from deciding whether you have a case worth bringing or defending to presenting your case and enforcing a judgement. As you work through each section, there are hints and tips from experienced lawyers, who had conducted countless cases over the years. Should you still have questions having read the book, further help is available.

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