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Re-read your claim form and the defendant's defence
Identify the key issues the judge will need to decide
Be clear about exactly what you are claiming and the legal basis for each element
Know the relevant legislation and be ready to explain how it applies
Your hearing bundle is the file of documents the judge will read. It should include:
Index (numbered list of all documents)
Claim form and particulars of claim
Defence and any counterclaim
Chronology (a timeline of key events with dates)
Witness statements (yours and any supporting witnesses)
Correspondence (key letters and emails in date order)
Evidence (photographs, expert reports, contracts, invoices)
This is your main evidence. It should:
Be written in the first person
Set out facts in chronological order
Reference specific documents in the bundle ("As shown at page 23 of the bundle...")
State what you personally saw, heard, or did (not what others told you, which is hearsay)
End with a statement of truth: "I believe the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes a false statement."
Prepare a brief opening statement (2-3 minutes) summarising your case
Anticipate the other side's arguments and prepare responses
Practice explaining complex issues simply - the judge appreciates clarity
Arrive at least 30 minutes early
Bring your bundle, a notepad, and a pen
Dress smartly (business attire) - it shows respect for the court
Turn off your mobile phone
Small Claims: Usually in a private room with a district judge at a table. Informal atmosphere, no wigs or gowns.
Fast Track / Multi-Track: A courtroom with a judge on a raised bench. More formal but still accessible.
Employment Tribunal: A panel of three (employment judge plus two lay members) in a hearing room.
County Court: "Sir" or "Madam" (or "Judge" for a circuit judge)
Employment Tribunal: "Sir" or "Madam" (or by name)
Stand when the judge enters and leaves
Always be polite, even under cross-examination
Judge reads the papers (they may have pre-read or may read at the start)
Claimant's case: You present your evidence, call witnesses, and make submissions
Defendant's case: The other side presents their evidence
Questions: The judge may ask questions of both sides
Closing submissions: Each side summarises their case
Judgment: Usually given on the day for small claims; may be reserved (given later in writing) for complex cases
Be organised - The judge notices if you can find documents quickly
Be honest - Credibility is everything. If you are caught in an inconsistency, it damages your entire case
Answer the question asked - Do not ramble or go off on tangents
Stay calm - Even if the other side is aggressive or dishonest
Bring spare copies of key documents
Interrupt the judge or the other party
Argue with the judge - You can disagree respectfully, but accept their rulings
Exaggerate - Overclaiming damages or overstating your case will backfire
Bring undisclosed evidence - The judge may refuse to admit documents that were not shared in advance
Get emotional - State facts clearly and let the evidence speak
The judge will make an order (a formal court decision)
If the defendant does not pay, you can enforce the judgment through:
- County Court bailiff (for debts up to £5,000)
- High Court Enforcement Officer (for debts over £600 via a writ of control)
- Attachment of earnings order
- Third-party debt order (freezing the defendant's bank account)
- Charging order (securing the debt against property)
Consider whether there are grounds for appeal (you must apply within 21 days)
Appeals are only allowed on points of law or serious procedural irregularity, not simply because you disagree with the decision
Seek legal advice before appealing No costs risk in most cases (costs are only awarded for unreasonable conduct)
Witnesses can give evidence by video link if needed
The panel may ask questions directly - this is normal and helpful
The tribunal may suggest a last-minute settlement discussion at the door - consider it carefully
Process Guide
Preparing for Your Court Hearing
Overview
Whether you are attending a Small Claims Court hearing, a Fast Track trial, or an Employment Tribunal, preparation is the single biggest factor in success. This guide covers everything you need to know to walk into the hearing room with confidence.
Before the Hearing
1. Know Your Case Inside Out
2. Prepare Your Bundle
Your hearing bundle is the file of documents the judge will read. It should include:
All pages must be numbered sequentially (paginated). Prepare 3 copies: one for you, one for the judge, one for the other side.
3. Write Your Witness Statement
This is your main evidence. It should:
4. Practice Your Key Points
On the Day
Arriving
The Hearing Room
Addressing the Judge
The Hearing Structure
Tips for Success
Do
Do Not
After the Hearing
If You Win
- County Court bailiff (for debts up to £5,000)
- High Court Enforcement Officer (for debts over £600 via a writ of control)
- Attachment of earnings order
- Third-party debt order (freezing the defendant's bank account)
- Charging order (securing the debt against property)
If You Lose
Employment Tribunal Specifics
EvenStance Can Help
EvenStance can generate your witness statement template, build your hearing bundle with proper pagination, create a chronology of events, and provide a pre-hearing checklist to ensure you are fully prepared.
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