Should I Share My Evidence with the Defendant’s Lawyer in a Small Claims Court Case?

Question from Codface, Should I Share My Evidence with the Defendant’s Lawyer in a Small Claims Court Case?

Answer from AI:

In the UK, the small claims court process is designed to be straightforward and accessible for individuals without legal representation. However, it’s important to understand the basic principles of evidence sharing, also known as disclosure, in this context.

Understanding Disclosure

In the UK legal system, both parties in a dispute are generally required to disclose all relevant evidence to each other before the trial. This is to ensure a fair trial and prevent any surprises. The principle of disclosure is enshrined in the Civil Procedure Rules (CPR), specifically Part 31.

What to Disclose

You should disclose any evidence that supports your claim, as well as any evidence that might undermine it. This could include:

• Photographs of the damaged phone
• Receipts for the phone or repair costs
• Correspondence with EE about the issue

How to Disclose

You don’t need to hand over your original documents. Instead, you can provide copies. If the other party requests to see the original documents, they can make a specific request.

When to Seek Legal Advice

While the small claims process is designed to be accessible, it can still be complex. If you’re unsure about what to disclose, or if you have evidence that you think might be sensitive, it’s a good idea to seek legal advice. A legal professional can help you understand your obligations and protect your interests.

Remember: This information is a general guide and not a substitute for professional legal advice. You should consult a solicitor or other legal professional to get advice tailored to your specific situation.