Counsel attended a small claims hearing listed at the County Court at Aldershot & Farnham concerning a money claim brought by the claimant company against the defendant. The hearing was listed for the afternoon and commenced slightly later than scheduled due to the previous matter overrunning. Counsel for the defendant attended and sought an adjournment on the basis that the defendant was allegedly too unwell to provide instructions. The judge noted the absence of any substantive medical evidence supporting the application.
Counsel for the claimant submitted that the defendant had admitted owing a portion of the sum claimed and had not specifically denied the remainder. The judge observed that both parties’ pleadings were deficient: the claimant had not exhibited the contract within its pleadings, and the defendant had responded with a narrative rather than addressing the pleaded points. Although counsel offered to take the judge to the contract contained in the hearing bundle, the judge declined due to time constraints. The defendant’s representative argued that the parties should be permitted to replead, but the judge rejected this and directed that the matter proceed directly to trial. The hearing was adjourned, and the judge indicated that half a day would be allocated for trial, not before mid‑September 2024, with Small Claims Track directions to apply.
The principal issues arising from the hearing concern the adequacy of the pleadings, the defendant’s adjournment application, and the procedural direction given by the court. The judge’s view that both parties’ pleadings were deficient means that the matter will proceed to trial without further amendment, placing emphasis on the evidence and oral submissions at the final hearing. The defendant’s attempt to adjourn on medical grounds was not accepted due to insufficient evidence, and the judge’s refusal to allow repleading limits the scope for further clarification of the parties’ positions before trial. A further issue concerns the potential cost implications of proceeding to trial, particularly given the time estimate and the nature of the Small Claims Track, where recovery of legal costs is limited. The claimant may therefore wish to consider whether settlement is commercially preferable.
Counsel has prepared draft directions and sent them to the defendant’s representative for agreement before submission to the judge. Once approved and sealed, the court will list the matter for trial and issue a Notice of Trial Date. The claimant should monitor correspondence and ensure compliance with all directions once the order is made. Counsel advises that the claimant may wish to consider settlement options before trial to avoid further costs and uncertainty. Various forms of alternative dispute resolution are available, including negotiation, without prejudice discussions, mediation, arbitration, or adjudication. The claimant’s own terms and conditions expressly contemplate mediation in the event of a dispute, which may provide a structured route to resolution. If the claimant wishes to explore settlement, counsel is available to discuss strategy and next steps. Otherwise, preparation should proceed in anticipation of a contested trial.
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