Top Five Mistakes Made When Issuing Court Proceedings

• Published date: 23 April 2021
• Subject Matter: Finance and Banking, Coronavirus (COVID-19), Debt Capital Markets, Financial Services, Financing, Operational Impacts and Strategy
• Law Firm: Keebles
• Author: Mr Curtis Broadhead

Often, people are not afraid to say, "I will take you to Court!" when they are owed a debt. However, a burning question I have had recently is "Can I really?" despite their exclamation to their debtor.

You need to make sure you have the basics right first as issuing a county court claim isn't always as straightforward as you might think.

We have written a blog on this issue previously - Coronavirus: Debt Recovery - Should I issue proceedings? - Keebles

This blog will focus on the top five mistakes we believe people make when they are looking to or have already issued court proceedings:

• The name
  • People do not always realise the importance of making sure the name of the Claimant or Defendant is correct. If it is missing letters, words or isn't even the name of your opponent, this will likely cause significant difficulties, particularly when you are looking to enforce the Judgment or to respond to the proceedings effectively.. Companies have legal status separate to individuals and so it is important to ensure you make clear if your opponent is a company by quoting their name exactly as it appears at Companies House. If your opponent is an individual, or sole trader, include their full name and any name by which they trade. If your opponent is a partnership you also need to make this clear.

• The necessary documents
  • We have been approached previously by clients who unfortunately, did not have sufficient evidence to support their position. Whilst it is not uncommon for business to be done via a 'gentleman's agreement it is always better to have written evidence to support your position. Judges much prefer documents to a witness's recollection of what happened. It is a good idea to collate all the documentation you have first before deciding whether to issue a claim.

• Enforcement
  • People who are not used to the legal process don't often think beyond obtaining a Judgment. However, more often than not, it is a two-step process: firstly, obtaining a Judgment and, secondly enforcing it in the event of non-payment. If a Defendant does not have sufficient assets or...