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How to take a small claim to the County Court - West Midlands ...

How to take a small claim to the County Court - West Midlands ...

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0When examining your own witnesses, ask open ra<strong>the</strong>r than closed questions. Muchmore weight is given <strong>to</strong> evidence adduced as a result of open questions, eg:You:Witness:What happened next?The defendant drove round <strong>the</strong> bend at great speed.ra<strong>the</strong>r than:You:Witness:Did <strong>the</strong> defendant <strong>the</strong>n drive round <strong>the</strong> bend at great speed?YesWhen cross examining, on <strong>the</strong> o<strong>the</strong>r hand, you may well have <strong>to</strong> resort <strong>to</strong> closedquestions <strong>to</strong> elicit <strong>the</strong> truth from <strong>the</strong> defendant or a defence witness.What will decide <strong>the</strong> case in your favour is <strong>the</strong> quality of your evidence establishing <strong>the</strong>defendant’s liability. Your case should, <strong>the</strong>refore, be well prepared and presented in acalm and measured manner avoiding exaggerations and amateur dramatics.CHECKLISTA checklist of actions <strong>to</strong> be <strong>take</strong>n when presenting a <strong>small</strong> <strong>claim</strong> is provided at Annex 3.The best of luck <strong>to</strong> you!

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