‘A Practical Guide to the Small Claims Track’ by Dominic Bright

£49.99

Paperback: 978-1-912687-45-9
Published: December 2019
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Description

“… In this comprehensive guide to the small claims track, Dominic Bright has set out all that a practitioner could possibly need to know about how to deal with a small claim, from allocation to judgment and through to any potential appeal. … Dominic Bright has included guidance on a wide range of matters, such as ethics and ways to behave when in court, which will be of assistance to any junior practitioner appearing in a civil case at an early stage of their career.  The inclusion of the civil procedure rules and practice directions relating to the small claims track, and also to pre-action conduct and protocols and to the overriding objective and the court’s duty to manage cases, means that this guide provides a useful toolkit of relevant rules and practice directions. …”

Foreword by HHJ Karen Walden-Smith
Senior Circuit Judge
Designated Civil Judge for the County Court in East Anglia

ABOUT THE AUTHOR

Dominic Bright is a barrister at Lamb Chambers, registered civil and commercial mediator with the Civil Mediation Council, and former judicial assistant to Sir Brian Leveson, then President of the Queen’s Bench Division.

His recent articles include: ‘The CICC and the Rule of Law: Fair, Transparent and Convenient? What You Need to Know about China’s New International Commercial Court’ (Counsel Magazine, September 2019); and ‘Section 21 Sent Packing’ (New Law Journal, 2 May 2019).

Dominic’s forthcoming seminars include: ‘Jurisdiction and Choice of Law Clauses in International Commercial Contracts’ (November 2019); and ‘Chattels, Fixtures, and Tenant’s Improvements in Commercial Leases’ (February 2020).

He is a member of the British Institute of International and Comparative Law, Property Bar Association, and Technology and Construction Bar Association.

For daily case digests, follow Dominic on LinkedIn and Twitter (LondonComBar).

TESTIMONIALS

“Dominic Bright has balanced a thorough, careful review of the Small Claims Track procedure with a helpful analysis of the most common areas of law the County Court sees. The wealth of sensible, practical advice for those coming to court helps further set this book apart.”

District Judge Cridge
South Eastern Circuit

REVIEWS

“It seems inevitable that A Practical Guide to the Small Claims Track will quickly become the go-to small claims book for practitioner volunteers (and junior practitioners generally), especially those unfamiliar with handling claims allocated to the small claims track, as well as an indispensable self-help guide to LiPs.”
Law Society Gazette

“Required reading for all who embark on small claims without having to read CPR 27 in the White Book.”
– Phillip Taylor MBE, Richmond Green Chambers

CONTENTS

1. Overview
2. Overriding objective
3. Court’s duty to actively manage cases
4. Pre-action protocols & Practice Direction – Pre-Action Conduct
5. Statements of case
6. Claim form
7. Particulars of claim
8. Defence (& counterclaim)
9. Reply to the defence (& counterclaim)
10. Directions questionnaires
11. Allocation
12. Preparation
13. Authority
14. Skeleton arguments
15. Arrival
16. Conference
17. Applications
18. Procedure of the final hearing
19. Witness evidence
20. Independent & objective evidence
21. Submissions
22. Orders & judgment
23. Costs, disbursements & witness expenses
24. Unreasonable behaviour
25. Appeals
26. Attendance notes
27. Tools
28. Dress
29. Ethics
30. Etiquette
Appendix A: CPR 1.1 — The Overriding Objective
Appendix B: CPR 1.4 — Court’s Duty to Manage Cases
Appendix C: Part 27 — The Small Claims Track
Appendix D: Practice Direction 27 — Small Claims Track
Appendix E: Practice Direction — Pre-Action Conduct and Protocols