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The Court process is quite straight forward.
If you have a claim then first you need to issue a letter of claim, setting out your losses.
If you bring the claim then you need to show, on balance (more likely than not) that your version of events is true.
I assume it would not be disputed that he was working for you, but a question about what he did/did not do
If he does not remedy the situation then you issue a claim
A copy of the form will be sent to the developer who will have a limited time to defend it
If not then Judgment is entered and you can enforce it
If it is defended then 'directions' will be given to timetable the matter.
If it is a small claim this is for sums below £10,000 it is usually you have to send to the Court and each other witness statements and documents which you intend to rely on 14 days before the hearing
If it is above £10,000 different rules apply to do with disclosure of documents, inspection of documents and then when statements are to be exchanged and listed for trial.
If it is a small claim you generally do not need legal representation.
If it is above £10,000 then generally you do
Can I clarify anything for you about this today please?
What about my question regarding the burden of proof?
I did answer that but I will say it again
If you bring the claim you have to prove, on balance (more likely than not) that your version of events is true
The burden is on the claimant to prove it
Does that assist you?
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