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Directions Questionnaire (Small Claims Track) : Settlement/Mediation

This document contains a directions questionnaire for a small claims case. It asks the respondent questions about agreeing to mediation, contact details, the appropriate court track, whether the case is suitable for determination without a hearing, preferred hearing venue, requesting expert evidence, and notice of witnesses.

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0% found this document useful (0 votes)
32 views4 pages

Directions Questionnaire (Small Claims Track) : Settlement/Mediation

This document contains a directions questionnaire for a small claims case. It asks the respondent questions about agreeing to mediation, contact details, the appropriate court track, whether the case is suitable for determination without a hearing, preferred hearing venue, requesting expert evidence, and notice of witnesses.

Uploaded by

dickydoodle15
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Directions questionnaire In the Claim No.

(Small Claims Track) CNBC L9QZ0799

To be completed by, or on behalf of, You should note the date by which this questionnaire must be returned and
Richard Ward the name of the court it should be returned to since this may be different from
the court where the proceedings were issued.

who is [1st][2nd][3rd][ ][Claimant][Defendant][Part 20 claimant] in this claim If you have settled this claim (or if you settle it on a future date) and do not
need to have it heard or tried, you must let the court know immediately.

A Settlement/Mediation
Under the Civil Procedure Rules parties should make every effort to settle their case. At this stage you should still think about whether you and the other
party(ies) can settle your dispute without going to a hearing.
You may seek to settle the claim either by direct discussion or negotiation with the other party or by mediation. If settlement is reached parties may enter
into a binding agreement which can be enforced if the terms of the agreement were to be breached.
Mediation is a way of resolving disputes without a court hearing, where the parties are assisted in resolving their dispute with the help of an impartial
mediator. If the claim is settled at this stage the parties can avoid further court fees, costs and time involved in preparing and attending a hearing.
You may use any mediation provider. However, HMCTS provide a free confidential Small Claims Mediation Service which is available to parties in most
small claims cases which are for less than £10,000.
Mediation is usually carried out by telephone in one hour time limited appointments convenient to the parties and is quicker than waiting for a court hearing
before a judge. There is no obligation to use the Small Claims Mediation Service nor are you required to settle if you do. If you are unable to reach agreement
with the other party at mediation, the claim will proceed to a small claims hearing.
You can get more information about mediation from www.gov.uk
If all parties agree, this case will be referred to the Small Claims Mediation Service. In any event the court may order the service to contact you to explore
mediation.

A1 Do you agree to this case being referred to the ✔ Yes No


Small Claims Mediation Service?
Please give your contact details below – If all parties agree to mediation
your details will be passed to the small claims mediation team who will
contact you to arrange an appointment.

You must complete the remainder of the form regardless of your answer to A1

B Your contact details Notes

Your full name It is essential that you provide this information,


particularly if you have requested mediation. Staff will
Richard Ward contact you within office hours (9am - 5pm).
Address for Service
15 Carson Avenue
Dinnnington
Sheffield
S25 3QP

Telephone number Mobile


07378 230714
Email
richward1970@gmail.com
N180 Directions questionnaire (small claims track) (10.23) © Crown copyright 2023
C Track Notes

C1 Do you agree that the small claims track is the appropriate track for ✔ Yes No Track
this case? The small claims track – generally for lower value and
less complex claims with a value under £10,000. You
If No, say why not and state the track to which you believe it should can get more information by reading leaflet EX306 ‘The
be allocated small claims track in civil courts’. You can get this
leaflet online from hmctsformfinder.justice.gov.uk

D Suitability for determination without a hearing Notes

D1 Do you consider that this claim is suitable for determination without a ✔ Yes No The court can determine this claim without a hearing:
hearing, i.e. by a judge reading and considering the case papers, witness (a) if both parties agree; or (b) where the ‘Small Claims
statements and other documents filed by the parties, making a decision, Paper Determination Pilot’ applies, even if the parties
and giving a note of reasons for that decision? do not agree. For more information on the courts
participating in the pilot and the cases to which the pilot
If No, please state why not. may and may not apply, please see Practice Direction
51ZC to CPR 51.

Relevant reasons include that there are factual disputes


which will need the judge to hear from witnesses
directly (in which case please specify the factual dispute
and the relevant witnesses) or that the issues are so
complex they need to be argued orally.
E About the hearing Notes

Hearing venue Location


E1 At which County Court hearing centre would you prefer the small claims hearing to take place and why? If your claim is a designated money claim the case will
Sheffield, local usually be transferred to the claimants preferred court
or the defendants home court as appropriate. However,
there is no guarantee of transfer to this court. For further
information see CPR Parts 3, 12, 13, 14 and 26.
Expert evidence
Expert evidence
E2 Are you asking for the court’s permission to use the written evidence of Yes ✔ No The court must grant you permission to use an expert
an expert? witness. Your notice of allocation will tell you if permission
If Yes, state why and give the name of the expert (if known) and the has been granted. Please note the upper limit for
area of expertise and the likely cost if appointed. experts’ fees that can be recovered is £750. You can get
more information by reading leaflet EX306 ‘The small
claims track in civil courts’. You can get this leaflet
online from hmctsformfinder.justice.gov.uk
Witnesses
Witnesses may be asked to give evidence by either
party. The court needs to have notice that you
Witnesses intend to call a witness. Witness expenses for travel
E3 How many witnesses, including yourself, will give evidence on your accommodation and loss of earning should be met
1 by the party requesting their attendance. You can get
behalf at the hearing?
more information by reading EX342 ‘Coming to a
Hearing court hearing’. You can get this leaflet online from
E4 Are there any days within the next six months when you, an expert or hmctformfinder.justice.gov.uk
Yes ✔ No
a witness will not be able to attend court for the hearing?
Hearing
Dates to avoid: You should enter those dates where you,
If Yes, please give details your expert or an essential witness will not be able to
Dates not available attend court because of a holiday or other commitments.
Yourself
Interpreters: In some circumstances the court will
Expert arrange for, and meet the cost of an interpreter. If you
Other essential witness require an interpreter, you should contact the court
immediately. Further details visit our website
www.justice.gov.uk under ‘guidance’.
Will you be using an interpreter at the hearing either for yourself or
for a witness? Yes ✔ No

If Yes, please specify the type of interpreter

E5 Do you believe you, or a witness who will give evidence on your ✔ Yes No
behalf, are vulnerable in any way which the court needs to consider?
If Yes, please explain in what way you or the witness are vulnerable and
what steps, support or adjustments you wish the court and the judge to consider.

I suffer from catastrophic tinnitus and associated anxiety/


depression , this needs to be considered during any hearing.
F Other information Notes

F1 Have you been advised of your right to give evidence in either ✔ Yes No
Welsh or English?

F2 Will you and your witness(es) wish to speak Welsh or English at court or Welsh
will both languages be used? ✔ English

Both

F3 Will documents produced to the court during the case be in Welsh or Welsh
English or some in Welsh and some in English?
✔ English

Both

Signature
You must sign this form
Richard Ward

[Legal representative for the ][1st][2nd][3rd][ ]


[Claimant][Defendant][Part 20 claimant]

Once you have completed this form, please return it to the court at the address shown on the form N149A - Notice of proposed
allocation to Small Claims Track.

You must also send a copy of this form (N180 Directions questionnaire) to each of the other parties in this case.

Find out how HM Courts and Tribunals Service uses personal information you give them when you fill in a form:
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter

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