Many people cannot afford the services of a lawyer or the fact is that their case benefits would be outweighed by the cost of legal representation. In those cases it may be appropriate to use the small claims process - before doing so, you should obtain independent legal advices. The process of the small claims court is fully described on the Court Service website.

The system was designed to allow people to present minor cases in person without spending a lot of money on legal fees.

Remember, preparation is the key!

You should be able to show that you have – but do not overly worry if some of these elements are missing:

• Communicated clearly with the tour operator or travel provider
• Set out your correspondence with the tour operator or travel provider in chronological order
• Created an indexed ‘trial bundle’
• If appropriate, that you have medical reports which describe your medical complaint and that it has a prognosis.
• Obtained witness statements
• Introduced photographs and/or have video footage. If you have video footage you should advise the court of this fact so that viewing arrangements can be made for the day of the hearing. In any event you should disclose this footage at the proper time to the tour operator or travel provider.

You should also:

• Set out an argument: It should state what you think was wrong; Why it was wrong; What you did to try and resolve it What you think you should get in compensation
• Prepare some cross examination questions, follow the simple rule: Who; Why; What; Where; When
• Ask some of the questions beginning with the phrase: It is correct…; It is right…; You did this/that…
• Do not be rude to the defendant, remain respectful, your story will be powerful without you entering into the realm of ‘Rumpole of the Bailey’!
• You should also comply with court timetables, and ensure that your ‘trial bundle’ is submitted to the court and the defendants in time for the trial.

On the day of the trial, remember the judge wants to hear what you have to say:

• Remain calm
• Use the argument you have created to run your case in order
• If you are not sure what to do or present next, ask the judge, with the aide of your ‘trial bundle’ – he will tell you what he expects.
• When the defendant has the opportunity to present his case, be respectful, answer the questions carefully and truthfully. If more than one question is asked at a time, clarify which question is to be answered first.
• Remember, the court is a serious place. Many people are or will be just as nervous as you – even Judges suffer with nerves!
• When the parties have presented their cases, the Judge will make his decision.
• If you are unhappy with the decision, keep your thoughts to yourself and seek specialist legal advice afterwards!

Tags: holiday claims, holiday complaints, Holiday Food Poisoning Claims, holiday illness, Holiday Sickness

This entry was posted on Saturday, June 7th, 2008 at 1:52 pm and is filed under Going to Court, Resolve, Travel Advice. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.