This Saturday Slot post is the third part of my weekly series of posts on Court Hearings (in the UK). You can see the others >> here.
Arrive on time for your hearing
It is very important that you arrive promptly. Your case will have been listed for a particular time. If you are attending a trial, this may be the only case the Judge has to deal with that afternoon, so you will hold everyone up, and annoy the Judge (not a good start) if you are late.
If your case is in a list with several others, you risk it being called on and dealt with before you arrive, if you are late. Therefore make sure you have your mobile phone with you, so if you are held up in traffic, you can ring the court and warn them (make sure you have the telephone number with you on the day).
Once you arrive at your destination, make sure, if you are driving, that you put enough money in the parking meter. Although you should never be late, often cases are not called on until half or even an hour or more after their allocated time. Murphys law says that your case will either be called on before you arrive (if you are late) or when you have gone out to put more money in the meter.
On arrival
You should find a notice board near the entrance somewhere which has a list of all the cases due to be heard that day. You will need to find your case in the list to learn which room your case will be heard in.
The next thing to do (or possibly the first thing if you can’t find the notice board) is to find the relevant Usher and tell him (or her) you are there. This is very important. The Usher (there is generally one per courtroom or group of courtrooms) keeps a list of the cases and persons who are attending, and will, once he knows you are there, make sure you are called when the case comes on.
Don’t worry if you don’t find the Usher immediately. They may be in the Judge’s room. They will appear at some stage. Don’t be afraid to ask them anything – it is their job to help you. They are generally very nice.
Your opponent
Sometimes your opponent will be at court, other times they will not turn up. For example in many possession claims the tenants do not attend. However if your opponent is there, the Judge will expect you to have a word with them to see if anything can be agreed.
Many parties just sit in the court waiting room for half an hour or more, pretending the other is not there, and studiously avoiding making eye contact. If you are on really bad terms, this may be the best option (punch ups at court are not recommended). However the Judge will thank you if you can work out what is in issue and what is agreed, as this will cut down on the time the case will take. For example:
- If the claim is for possession based on rent arrears, can the rent arrears schedule be agreed?
- If not, why not? Is there a disputed payment for example? Which one is it?
- If the claim involves a list of different items, can any of these be agreed?
- If an item is in dispute, what is the thing in issue? For example in a claim for £90 for a replacement carpet, is it the figure of £90 which is in dispute, or the fact that the carpet needed to be replaced at all, or the defendants liability to pay for it?
- In a possession case, is the tenant defending because he thinks that the landlord is not entitled to possession, or because he has no-where else to live and is just asking for more time?
If your opponent is legally represented, you should talk with the legal representative rather than your opponent himself. This can be helpful, particularly if you are on bad terms. If you are a defendant in a mortgage repossession case, you will often find the solicitor representing the mortgage company to be very sympathetic and helpful.
If you do not want to discuss private matters in the waiting room, note that many courts have small meeting rooms available which you can use. Have a word with the Usher about it.
Housing advice:
If you are a tenant in a possession claim, some courts will have a repossession advice service with housing advisers available in the court on the day the possession hearings are listed. They will often be able to help you, and can usually attend the court hearing with you and speak on your behalf. Not all courts have this service however, so don’t count on it. Also if you have any defence to your landlords claim, you should really have obtained legal advice long before the court hearing.
Have you been able to resolve a case by talking to the other side at court before the hearing? Do you have any tips for readers about discussions at court? Have you used a housing advice service at your court in a possession claim?
Next week I will be looking at interim hearings and applications.
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