04-07-2026, 05:04 PM
@Barbudaprince
Good, that confirms it is going ahead, so now it is just about being prepared rather than worrying about procedure.
First, completely drop the rights of audience point. Do not raise it at the hearing. The position has shifted following the Court of Appeal overturning Mazur last week, so it is no longer something worth pursuing. Even before that, it was always a side issue. Your focus needs to be entirely on the substance of your defence, not who turns up for BW Legal.
More generally, do not overthink this. Small claims hearings are not like what people imagine from TV or higher courts. Judges deal with litigants in person all the time. They will already know you are not legally trained and that this is likely your first time. Most judges are actually quite helpful in terms of explaining what is happening and guiding the structure of the hearing. You are not expected to know procedural rules inside out.
What you are expected to know is your case. So your preparation should be very simple and focused.
Read your witness statement, your skeleton argument, and the claimant’s witness statement a few times so that you are comfortable with them. You do not need to memorise everything word for word, but you do need to know the key points and where they are in the bundle.
Have your documents organised so you can find things instantly. Make sure your bundle and the claimant’s bundle are easy to navigate. Put tabs or markers on the important sections such as your witness statement, your skeleton, the Particulars of Claim, the key photos, and anything you rely on. The hearing becomes much easier if you can go straight to the right page if/when asked.
Take printed copies of the key authorities you may actually need, but keep it tight. In your case that means:
There is no need to take a large pile of authorities beyond those. Make sure the relevant paragraphs in each transcript are clearly marked so that, if necessary, you can take the judge straight to the passage you rely on without fumbling through pages.
On the day, just be calm and straightforward. You will normally be shown into the room and the judge will already be there. Address them simply as “Judge”. There is no need for anything more formal than that.
When it comes to speaking, do not try to read your whole witness statement out. The judge will have read it. Use your skeleton as your guide and focus on the main reasons why the claim should fail. Keep it clear and structured.
If BW Legal’s advocate says something you disagree with, make a note and deal with it when it is your turn. Do not feel the need to interrupt unless something genuinely needs correcting immediately.
If the judge asks you a question, answer it directly where you can. If you need a moment to find something, say so. If the answer is in the bundle, point to the page.
The one point to be careful about is driver identity. In a case such as this, where the claimant is attempting to rely on PoFA to pursue the registered keeper, and the driver has not been identified, it would be unfair for the court to expect you to fill that gap in the claimant’s case. The burden of proof remains on the claimant throughout. So if the judge were to ask directly who was driving, you do not need to assist the claimant by answering that question for them. You can respond politely along the lines that the claimant has chosen to pursue the keeper and rely on PoFA, the driver has not been identified, and you do not intend to make the claimant’s case for them. In simple terms, you are not required to assist the claimant in proving an essential element of their case.
The key thing is to stay focused on your strongest points. You do not need to win every argument. You just need to show the judge clearly why the claimant has not established their case.
Finally, try not to worry about it. This is a small claims hearing, not a high court trial. The judge is not expecting perfection. They are expecting a clear, honest explanation of your case, and you are already in a strong position if you know your documents and your main arguments.
If you go in organised and stick to your key points, you will be absolutely fine. Also, try to see this for what it is. It is a genuinely useful life experience, not something to be afraid of. You are dealing with the only truly independent arbiter in this process — a judge — and you will likely come out of it far more confident and informed regardless of the outcome.
Good, that confirms it is going ahead, so now it is just about being prepared rather than worrying about procedure.
First, completely drop the rights of audience point. Do not raise it at the hearing. The position has shifted following the Court of Appeal overturning Mazur last week, so it is no longer something worth pursuing. Even before that, it was always a side issue. Your focus needs to be entirely on the substance of your defence, not who turns up for BW Legal.
More generally, do not overthink this. Small claims hearings are not like what people imagine from TV or higher courts. Judges deal with litigants in person all the time. They will already know you are not legally trained and that this is likely your first time. Most judges are actually quite helpful in terms of explaining what is happening and guiding the structure of the hearing. You are not expected to know procedural rules inside out.
What you are expected to know is your case. So your preparation should be very simple and focused.
Read your witness statement, your skeleton argument, and the claimant’s witness statement a few times so that you are comfortable with them. You do not need to memorise everything word for word, but you do need to know the key points and where they are in the bundle.
Have your documents organised so you can find things instantly. Make sure your bundle and the claimant’s bundle are easy to navigate. Put tabs or markers on the important sections such as your witness statement, your skeleton, the Particulars of Claim, the key photos, and anything you rely on. The hearing becomes much easier if you can go straight to the right page if/when asked.
Take printed copies of the key authorities you may actually need, but keep it tight. In your case that means:
- Scott Brennan v Premier Parking Solutions (2023) [H6DP632H]
- Liberty Homes (Kent) Limited v Rajakanthan & Others [2022] EWHC 2201 (TCC)
- Vehicle Control Services v Ian Mark Edward (2023) [H0KF6C9C]
There is no need to take a large pile of authorities beyond those. Make sure the relevant paragraphs in each transcript are clearly marked so that, if necessary, you can take the judge straight to the passage you rely on without fumbling through pages.
On the day, just be calm and straightforward. You will normally be shown into the room and the judge will already be there. Address them simply as “Judge”. There is no need for anything more formal than that.
When it comes to speaking, do not try to read your whole witness statement out. The judge will have read it. Use your skeleton as your guide and focus on the main reasons why the claim should fail. Keep it clear and structured.
If BW Legal’s advocate says something you disagree with, make a note and deal with it when it is your turn. Do not feel the need to interrupt unless something genuinely needs correcting immediately.
If the judge asks you a question, answer it directly where you can. If you need a moment to find something, say so. If the answer is in the bundle, point to the page.
The one point to be careful about is driver identity. In a case such as this, where the claimant is attempting to rely on PoFA to pursue the registered keeper, and the driver has not been identified, it would be unfair for the court to expect you to fill that gap in the claimant’s case. The burden of proof remains on the claimant throughout. So if the judge were to ask directly who was driving, you do not need to assist the claimant by answering that question for them. You can respond politely along the lines that the claimant has chosen to pursue the keeper and rely on PoFA, the driver has not been identified, and you do not intend to make the claimant’s case for them. In simple terms, you are not required to assist the claimant in proving an essential element of their case.
The key thing is to stay focused on your strongest points. You do not need to win every argument. You just need to show the judge clearly why the claimant has not established their case.
Finally, try not to worry about it. This is a small claims hearing, not a high court trial. The judge is not expecting perfection. They are expecting a clear, honest explanation of your case, and you are already in a strong position if you know your documents and your main arguments.
If you go in organised and stick to your key points, you will be absolutely fine. Also, try to see this for what it is. It is a genuinely useful life experience, not something to be afraid of. You are dealing with the only truly independent arbiter in this process — a judge — and you will likely come out of it far more confident and informed regardless of the outcome.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
