What is a Defence?
|If your claim is disputed by the defendant, the defendant will fill a defence form detailing the nature of the dispute and file it with the Court. The Court will send you a copy of the defence and ask if you wish to proceed with your claim in light of the defence.|
What is Summary Judgment?
Summary Judgment is a means of short-cutting the normal Court process but, because of this, the Court only allows it where there is a clear paper-trail which proves each point in the Claimant’s case and disproves each point made by the Defendant. Because of this it is not suitable where:
• There is a lack documents
• There are quality disputes
• Where what was said is in dispute
• Where expert evidence is needed to prove some part of the claim
• Where there are allegations tantamount to fraud.
The hearing is purely to examine the documentary evidence to see whether it proves the Claimant’s case beyond doubt by showing that the Defendant has no reasonable prospect of successfully defending the matter at trial. The Court applies a higher degree of proof to Summary Judgment than at full trial when all the normal safeguards of disclosure of documents etc would have been completed. The defendant gets the benefit of any doubt.
When it comes to payment disputes it's easy to take things personally. After all, you've kept your side of the bargain and the non-payment can feel like a slap in the face. At this moment it's important to take a step back and look for the positives. Read more.
Is chasing late payments getting
in the way of your other business