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Re: Timescales for IPEC Small Claims Track Cases

Posted: Wed Mar 13, 2019 1:46 pm
by AnnH
The Judgement has just arrived in the post - exactly a month since the hearing. It looks like the court has improved the backlog. The Order is brief, just a simple summary of quantum and details of the parties. The defendant has been given 14 days to pay his debt.

Re: Timescales for IPEC Small Claims Track Cases

Posted: Wed Mar 13, 2019 2:26 pm
by AndyJ
The defendant has been given 14 days to pay his debt.
Good luck with that stage.

Re: Timescales for IPEC Small Claims Track Cases

Posted: Wed Mar 13, 2019 2:38 pm
by AnnH
Indeed, Andy! Given this defendant's mindset so far, he seems to be of the position that he shouldn't have to pay. I'm currently preparing for that possibility. I'm still amazed that as a business owner with a busy studio, he has risked his reputation like this. Refusing to pay (it that should happen) can only make that worse.

I've done a search and I can find no archive which references the case (or indeed any other small claims track cases). If I need to quote it (and prove success in the courts) I'm not sure what to do.

Re: Timescales for IPEC Small Claims Track Cases

Posted: Wed Mar 13, 2019 5:22 pm
by AndyJ
Hi Ann,

County Court judgments are rarely published on BAILII and certainly not on the Justice website like employment tribunal cases. There was some talk a while ago about changing this for the IPEC small claims judgments, but clearly nothing has happened since then!

If you do need to get the judgment enforced, you should go back to the same court, and either ask them to enforce the judgment or ask for them to transfer the matter to your local district court to enforce. The latter will probably be better for you administratively and for dealing with local bailiffs etc. You can find some more details about this in my reply dated 14 Feb 2019. And don't forget the power of the press. If he fails to pay up, you could contact your local paper to see if they would like to run the story - very damaging for a local business.

Re: Timescales for IPEC Small Claims Track Cases

Posted: Wed Mar 13, 2019 6:10 pm
by AnnH
Thank you Andy - I hadn't even thought of the press! I'm guessing the defendant probably hadn't considered that possibility either.