Hi. Great videos! They are helping me understand how to defend a claim brought against me. I have just filed my defence to the court. Do I also need to serve a copy directly to the Claimant at this stage?

@@rww805 You should send the court two copies so that they can serve one on the Claimant for you - but as good practice I always also simply serve the opponent myself as well, usually by email. If there are two claimants then you should send in three copies to the court. (Technically you should send in three copies even if there is just one defendant or claimant so that the court can retain one, they can serve one on your opponent and they can send one back to you. But I have alway been fine in the past with two copies, as I guess the court just creates its own copy anyway.

@@RedwoodLegal thanks very much! I responded by email to the court so I assume they will forward this to the claimant. I will see if I have their email address and send them a copy too.

@@rww805 all court communication (btwn Claimant and Defendant) goes thru Court. Imagine 2 people whispering messages thru a 3rd common person...same principle. Learn to send hard copy to court Learn to send backup direct to your opponent. Go to post office ask for proof of posting ie receipt you put something into post this costs nothing !!! Do not rely upon email as proof of sent email is not guaranteed delivery over internet...you can send but they do not always get receipt. The post office are more respected and believed by court if you say you sent by 1st class post as post office are independent (for proof of posting[sent], proof of date certification[when], and proof of receipt [recieved : if you paid for guaranteed signature]).

Hey good morning - it sounds as if you may have to apply to amend but I would need to know more about your case. If you want help though it is best to email me at info@redwoodlegal.co.uk. I do a discounted rate of £150 + VAT for small claims. Take a look here also as it can help you get your paperwork together and minimise legal costs of giving you advice: smallclaimstrack.co.uk/i-need-help-what-do-i-do/

I don't know! I have always only ever sent them the N1 Claim Form and any particulars attached in addition, if necessary. I have never sent in the guidance notes as well so really do not understand this point in the Notes to the Claim Form and so this is what you should do in my opinion. The court always sends out the notes to the defendant on how to address and respond to the claim anyway, when it serves the claim on them, in my experience.

@@RedwoodLegal To understand court process ring the court and speak to case workers team. Their job to advise if you're not sure before during or after case anything about case managemen. Eg if you're Claimant and wanting a Claim to be issued to Defendant by court then court will advise number of copies. For civil non property claims, two copies to county court Then (one for judge, and Defendant). For civil property claims, four copies to county court Then (county court passes claim to 'Property Trinbunal' +one copy for each of 3 Tribunal judges, and one for Defendant).

Could you please email us the details at info(at)redwoodlegal.co.uk?

Sounds like you need to take that verbal agreement seriously. Of course a verbal agreement is as binding as any other, but the problem of course is one of proof - do you have a note or record of that verbal agreement or failing that is it referred to in later correspondence? If not then you will have to produce a witness statement and perhaps give evidence at a hearing (and cross-examine your opponent) in order to prove that the original written agreement was varied.

At the very beginning of our arrangement we had a meeting with notes written up and signed (which stated flexible hours) and a copy of my T&Cs. 3 months later I was given a consultancy agreement which stated i must give 25 hours each week (52 weeks a year with no provision made for holiday) which went against what had originally been agreed. This was challenged and it was agreed i could continue to what had been agreed from the start. We had agreed that i could work more hours one week and less if or when i needed time off as long as i was in credit of hours. I submitted time sheets each week which listed jobs done and hours worked (including any extra). I called these hours accrued hour which she was given an annual spreadsheet showing hours worked, hours billed and hours accrued each year. No complaint ever raised and i continued to work the extra hours she requested. I even got paid for hours taken from accrued when i took time off. 4 years later I gave 1 months notice to end the agreement and submitted my last invoice which included accrued hours outstanding. Now the client is stating i am not entitled to be paid for hours accrued as it wasn't in the written agreement and she never knew about the accrued hours (according to her solicitor) client has refuse to have any communication with me on this matter. Her solicitor is threatening to sue for damages of breach of contract as i fail to give their client 25 hours each and every week. (i was 60 hours in credit before signing their agreement so she has never been at a loss and I have never been in debt of hours.I was up 300 hour at the end of the 4 years. As per my T&Cs, i audio record every day from starting work until i get home and stop the recordings (I've been doing this for 10 years) so every conversation is recorded. Sadly i have lost 2 years of recording when data was corrupted but I do still have the last 3 years. I still have every hand written note/post-it note she ever left for me which show her asking me to do extra tasks and hours. I doubt i can win against a London law firm, However I'm willing to have a go. I worked hard and with great care, she had the benefit of my services, i think its only right i be paid.

@@WoodoakWilderness if it helps a court will apply law principles in claim Liability Payability Reasonableness Proportionate There is no doubt you have a contract between you so they admit liability. They can argue how much is their share under their payability. They can argue with you the reasonability of your claim: reasonable amount, reasonably incurred, reasonable quality of your work, etc etc They can ask for costs against you but under being proportionate you can ask the court to only pay proportionate legal fees if you lose. They cant claim all their bills even if that's what it cost them to defend and win. Its not a given just because they are a large law firm they will win....that's the beauty of small claims court you can win. You do need to instruct a lawyer yourself!!

verbal agreements are still binding - you just need to produce evidence, which can obviously be harder than a written agreement.

I go through this in my book, "Flying Solo" available on www.lulu.com. You can also find single parts on amazon. Part 3 is the right part.

Sure, references cane included - as part of a witness statement from the referee. They may not need to turn up at trial as could just be read. If it is a small claim you need to be careful about how many witnesses can be included. Usually it should not be more than you + 1 max - otherwise you will never finish the trial in the allotted half day for a small claims trial.

@@theartoffirstdates7156 by references I mean previous jobs/clients from construction jobs, past hence. You are saying it is likely best to stick to one witness statement?

@Martyn Barrett, providing many witness statements for a case (especially before it is allocated to a track) can be dangerous, especially if it's for less than £10k and you want it to be allocated to the small claims track. This is because many statements add to the cases' 'complexity' and complexity can mean it's seen as a 'fast track' claim. There are various complications with this, like paying the opponents fees should you loose.

Please email us at info @ redwoodlegal.co.uk to discuss.

Take a look at the below book which goes into witness statements and trial preparation etc. In a claim allocated to the small claims track you usually (unless the court has specifically ordered otherwise) exchange evidence on which you intend to rely 14 days before the trial. Agreed bundles are not usual. If it has been ordered, the claimant should produce a schedule of things to go in the bundle and have you agree it. If they will not include what you want write to the court 14 days before and say the bundle has not been agreed, you have therefore been forced to file and serve additional documents that the other side have refused inclusion in the bundle. Send this to the court and copy the opponent too. This is general advice - I would need to know much more about the case to really help properly. www.lulu.com/en/gb/shop/alex-woods-and-nate-fakes-and-kinga-stabryla-and-kinga-stabryla/flying-solo/paperback/product-m5yqjq.html?page=1&pageSize=4

@@RedwoodLegal Thank you so much for your prompt response. I have passed it to my friend. Even this general advice is likely to be useful to them as it gives them an understand of what can be done under normal circumstances.

I think you mean the bit that says IN THE [FILL IN THE NAME OF THE COURT YOU ARE USING] ?

@@RedwoodLegal Is that what I have to do? It's in the top right hand corner and just says "In the" and is above case no. Thank you.

@@alex_tricker All the information on how to do a proper job - drafting samples, case studies, tactical and procedural guides, how to handle costs, the entire proceedings and the process.... all this is laid out in our book just published Flying Solo. You can find it on Lulu.com or also in single versions on amazon. The look inside feature on amazon will allow you to see whether it is the right book for you.

The losing party pays your winnings to you and the court will order that they do so within a quick time period. The court does not pay you anything, no. All the court will do is give you a court order which you can use to enforce the judgment awarded.

Redwood Legal thanks for your answer

I do clear videos with clients first, but thank you for the heads-up.