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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am claiming through the Small Claims Court against one of my clients invoices

Customer Question

I am claiming through the Small Claims Court against one of my clients for unpaid invoices in the sum of £2,300. He is counterclaiming that he will not pay any of my invoices and will, in addition, demand an additional £2,000 in compensation. How will this be sorted out at the forthcoming hearing?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you filed a defence yet to the counterclaim please?
JACUSTOMER-na04qbez- :

Alex

JACUSTOMER-na04qbez- :

Alex - yes I have but it was only in the documents on which the defendant is going to rely that the claim for £2000 is mentioned

Alex Watts :

Thanks. What will happen is the matter will be listed for a single hearing

Alex Watts :

The Judge will then decide whether to allow the claim or counter claim

Alex Watts :

As such it will all be dealt with at one hearing by the Judge on the day

Alex Watts :

So it will be slightly longer than a normal hearing because the Judge is deal with the claim and counter claim

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-na04qbez- :

Thank you. I presume the claim and the counterclaim will be decided at the hearing but would I be correct in thinking that any claim for compensation would have to be the subject of a separate case brought by the current defendant?

Alex Watts : If compensation is part of this claim it will all be heard at one hearing.
Alex Watts : Does that help?
JACUSTOMER-na04qbez- :

Yes and No! If the Judge decides that the defendant should not pay any of my claim (£2,300) and furthermore decides that I also owe the defendant an additional £2,000 in compensation will this all be finalised at the hearing? Surely I should have a further opportunity to defend the claim for compensation?

Alex Watts :

Yes it will be finalised. But if there is a counter claim you deal with that in your evidence which is submitted 14 days before the hearing and you deal with it at the hearing.

Alex Watts :

The Judge will want to hear representations on both matters together.

Alex Watts :

The Judge will deal with the claim

Alex Watts :

The Judge will then go onto to deal with the counter claim

Alex Watts :

You will have an opportunity to defend, but you must supply evidence in advance as to why you are not liable for that

Alex Watts :

Does that clarify?

JACUSTOMER-na04qbez- :

In this particular case, I submitted my evidence 14 days before an original hearing date. The defendant claimed that he had not received notification from the Court of the hearing date and then applied for an adjournment which was granted on the afternoon before the hearing. When the new date for the hearing was announced only the defendant was given the opportunity to provide evidence in support of his case. It was only on reading his statement that I became aware that he intended not to pay any of my invoices (my claim) and also seek compensation. I could not therefore provide evidence in advance to rebut his claim.

Alex Watts :

Ok. Was there a counter claim when he filed a defence?

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