Small Claims Preliminary Hearing

[Mrsmunchofmunchington]

Has anyone been through this please? I would be very grateful if you could tell me your experience if so.

From what I have read preliminary hearings are only used in Small Claims if the judge thinks the claim is either particularly complex and needing specific directions (eg use of expert witnesses) or that either the claimant or the defendant has a hopeless case.

I am the claimant so I’m hoping the judge doesn’t think mine is the hopeless bit!

I have a lot of supporting evidence photos, videos, professional letters, etc available all of which I referred to in my particulars of claim so wonder if the judge found it too long and wants this condensed?

In their defence submission the defendant gave no indication of having any physical evidence except their own opinion and account of events to present.

We put in a small claims and didn’t actually see a real court. It was all done online, and was a fairly easy process.

Have you started the process yet?

I have a preliminary hearing date so yes the process is well under way.
I chose the paper route for various reasons rather than money claims online which like that was the route you took. Glad it was easily resolved for you.

I am asking about people’s experience of attending a preliminary hearing.

What does the Court Order actually say? Other than mediation for claims issued on or after 31/07/2025 there aren’t usually preliminary hearings. The only other thing I can think it is is the DJ believes it should be a Fast Track matter and not SCT.

@RenovatingTimes I am aware it is unusual as I explained.
The notice of allocation says it has been allocated to the small claims track.
It also says preliminary hearing.
Do you have a legal background or are you answering from personal experience of making a claim?

Mediation (on the phone) has already taken place.
Well, supposed to be mediation but as the defendant was not amenable to discussion it was very brief.

Legal background.

Can you post a redacted copy of the order, advise what the claim is for and value? Not the Nitice of Allocation, the actual Hearing Order as the preamble may assist.

"Other than mediation for claims issued on or after 31/07/2025"

Just a very small point, but I believe the date was 22 May 2024 for the small claims track.

Not for all SCT matters.

Yes I had a preliminary hearing for small claims. It was to tell us to appoint a joint expert witness and the judge outlined the dates when everything would need to happen by. The Judge did not want to see any paper work at all or discuss the case. The letter should state why a preliminary meeting was requested. Please message me if you want more info.

Thank you.
There was no reason given at all on my notice of allocation and no accompanying letter.
I have prepared a one page summary of my case to take with me as I wasn’t sure if I would be asked to speak.
I think it most unlikely that the defendant would agree to paying for a joint expert witness but I would be agreeable.

Hi. We were both not given an option as I am claiming for bad workmanship for building work. The expert had to be a joint appointment and we both have to pay half. The Judge really did not let us agree or disagree with the appointment.
Good luck.

Have just messaged you