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Who Choices The Location Of The Court In A Small Claims Court Case?
3 Answers
I am being taken to the small claims court but the claimant has chosen a court 60+ away from where the work was done and where I live. I feel I have a good case and want to defend myself I am going to try mediation first but I think a court attendance will be required ...but there is a court 6 - 7 from where I live and from where the job was done. The workmen( claimant) have requested a court 60+ miles away from both my home/and site of the job. I have filled in the court form and returned it to the court. Who chooses the court the claimant or the defendant in this case? The claimant states the 60+ court is his nearest court.
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No best answer has yet been selected by Suetheramble. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.The claimant will have completed this form:
https:/ /assets .publis hing.se rvice.g ov.uk/g overnme nt/uplo ads/sys tem/upl oads/at tachmen t_data/ file/68 8466/n1 80-eng. pdf
As you'll see, Section D invites him to nominate a location for the hearing (and to provide his reasons for choosing that location). However you'll also see this guidance note on the form:
"If your claim is a designated money claim the case will 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".
If you want to try to work your way through the complexities of the Civil Procedure Rules, see here:
https:/ /www.ju stice.g ov.uk/c ourts/p rocedur e-rules /civil/ rules
However it's probably still most likely that the claimant's choice in this matter will stand.
https:/
As you'll see, Section D invites him to nominate a location for the hearing (and to provide his reasons for choosing that location). However you'll also see this guidance note on the form:
"If your claim is a designated money claim the case will 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".
If you want to try to work your way through the complexities of the Civil Procedure Rules, see here:
https:/
However it's probably still most likely that the claimant's choice in this matter will stand.
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