Medisave was recently involved in a legal dispute with A & R TRADING ESTATE LIMITED. A & R were our Landlords at our old commercial unit at Unit A Littlesea Industrial Estate, 83 Lynch Lane, Weymouth, Dorset. DT4 9DN. The dispute revolved around whether an agreement was reached to pay legal fees pursuant to an agreement. The matter went to the small claims court and their claim was dismissed in our favour. We were also award costs (even though it was the small claims court) as the Judge considered that the Claimant had acted unreasonably by refusing mediation.
A & R (The Claimant) were represented by John Mackenzie of Redferns Solicitors in Weymouth.
A & R called two directors of the company as witnesses: Mr Alex Hooper Greenhill and a Mr Raymond Hodder.
Medisave (The Defendant) were represented by Jon Dobson of Nantes Solicitors in Weymouth.
Medisave called three directors of the company as witnesses: Mr Graham Wright, Mrs Nicola Wright and a Mrs Melissa Allen-Denton.
Despite winning this dispute , it was an uncertain time for Medisave as we had not been to court before. The small claims court process was unknown to us and there did not seem to be much in the way of guides or explanation on the Internet of the processes involved. In particular there was very little detail on the overall process or what actually happens in the court room. For this reason we have decided to publish the steps involved in our claim and the public transcript of the few hours spent in court.
Process
1
The Claimant filed their particulars of claim and served this with the court.
25th March 2014
The court considered the Particulars of Claim and the Defence. It then allocated the claim to the small claims track and set an evidence date for the 6th of October 2014.
Evidence and Witness Statements exchanged 24th September 2014. The Claimant however filed their evidence
late. This prompted a second statement from Mr Graham Wright of Medisave in relation to this.
Evidence bundles – pending upload.
5
The trial – 6th October 2014. Most court proceedings in the UK are held in public and it is possible for anyone to
obtain the evidence and trial transcripts by paying a small fee. We are still waiting for the court to approve the actual judgement and we will update the transcript when the approved court judgement is returned to us.
Requesting a Public Court Transcript.
The next stage was to request an approved transcript of the trial. This is done with a form EX107 and you must also arrange with an approved HMCTS transcribing service. This can be found on the form "EX107Info". You must also pay a fee based on the amount of spoken words.
Most court proceedings in the UK are held in public and it is possible for anyone to obtain the evidence and trial transcripts by paying a small fee. We are still waiting for the court to approve the actual judgement and we will update the transcript when the approved court judgement is returned to us. The actual day of the trial was an unknown quantity to us. We arrived at court for 9.00am and looked through our witness statements. We congregated in a separate room to the claimants, which happened to be right next door to us. The atmosphere was understandably tense and we were advised by our solicitor as to the likely schedule of events. Unusually, we were in a magistrates court setting with a witness stand, dock, judges platform etc. We had been informed we would probably be sitting around a table informally in a room so this was unexpected and added to the nerves. We entered the court behind schedule as the judge had taken the step of fully acquainting himself with all the evidence which took some time due to the volume that had been collated. The usher updated us at regular intervals as we waited outside. We came face to face with the claimants a number of times while we waited due to toilet and coffee breaks despite being separated. When we entered, we sat a few feet from the claimants, who were first to be called to the witness stand. The solicitors were situated in front of us so as the trial proceeded, we were able to pass notes to ours upon hearing the claimants version of events. The process took over two hours, and was at times highly emotive. You can read the full transcript of the case above to see the outcome for yourselves.
Medisave.
Medisave was recently involved in a legal dispute with A & R TRADING ESTATE LIMITED. A & R were our Landlords at our old commercial unit at Unit A Littlesea Industrial Estate, 83 Lynch Lane, Weymouth, Dorset. DT4 9DN. The dispute revolved around whether an agreement was reached to pay legal fees pursuant to an agreement. The matter went to the small claims court and their claim was dismissed in our favour. We were also award costs (even though it was the small claims court) as the Judge considered that the Claimant had acted unreasonably by refusing mediation.
A & R (The Claimant) were represented by John Mackenzie of Redferns Solicitors in Weymouth.
A & R called two directors of the company as witnesses: Mr Alex Hooper Greenhill and a Mr Raymond Hodder.
Medisave (The Defendant) were represented by Jon Dobson of Nantes Solicitors in Weymouth.
Medisave called three directors of the company as witnesses: Mr Graham Wright, Mrs Nicola Wright and a Mrs Melissa Allen-Denton.
Despite winning this dispute , it was an uncertain time for Medisave as we had not been to court before. The small claims court process was unknown to us and there did not seem to be much in the way of guides or explanation on the Internet of the processes involved. In particular there was very little detail on the overall process or what actually happens in the court room. For this reason we have decided to publish the steps involved in our claim and the public transcript of the few hours spent in court.
Click here for the PDF of this
Click here for the PDF of this
Click here for the PDF of this
Click here for the PDF of this
