Western Morning News 24 July 2003

24/07/2003

Question:
I am the finance director of a company with a number of builders’ merchants. We primarily sell to the trade. From time to time of course we have people who do not pay us. Where the sums we are owed are under £5,000 we tend to conduct the cases in the small claims track ourselves – in fact I represent the company. Do you have any tips for me as to how I can maximise my chances of winning at the hearings?

Answer:
In my view advocacy is a skill that can be learnt and the more you do, the better you get. The most important thing that you should bear in mind is that everything you do should be designed to assist the Judge. Probably the case will have been listed for only 45 minutes and the Judge will have a list of 6 or even 8 cases to hear in the morning or afternoon session. Don’t waste the court’s time. Have all your documents (with copies) readily available and easily identifiable (there is nothing worse than fumbling around your bundle). Don’t turn into Rumpole, keep it short! Explain as succinctly as you can what your case is. If dealing with witnesses, work out beforehand what you want those witnesses to be saying and ask pertinent, directed questions – don’t ramble on or make statements yourself. Lastly, whatever the outcome, remember to be courteous and respectful to everyone in the Court – especially the Judge. Good luck!

Chris Lingard is a Solicitor Advocate and a Partner of Follett Stock solicitors.