The idea of involving yourself in court action is often enough to strike fear, both in the heart and the wallet! But if you are not looking for many thousands of pounds in compensation, just fighting for the principle and a “token” punishment for the owner or handler of the dog that attacked you, then this may be the path to take. You will be limited to a maximum of £1000 for each part of a personal injuries claim (compensation, costs etc.)
        They have tried very hard to make the system as easy to use as possibly, but the website and leaflets still leave something to be desired! Unless there are circumstances in your case that complicate the legal side of things (such as being bitten on private land; did you have any right to be there?) you can usually get away without employing a solicitor. The court officials will answer questions on procedure for free and  a judge can act as the arbiter between both sides and rule on what is or is not relevant and legal, or on the case as a whole if it is disputed.
        This is not a free service,  but you can add the court fees to the overall claim as costs.  For court fees see leaflet EX50.

THE PROCESS.
1. Before entering any claim you are advised to give the “defendant” the opportunity to settle out of court, either by compensating you straight away, going to one of the alternative arbitration services etc. See leaflet,  EX301 “Making a claim? - Some questions to ask yourself”.

2. If  this produces no positive response then the next stage is to read EX302 “How to make a claim” and to obtain Form N1, the claim form itself.. This is not too daunting, it will ask who the claimant and defendant(s) are, brief details of you claim, the total amount of your claim (to include compensation, damage to property, postage, any solicitor’s costs and the court fee).  The other side has a question about whether human rights are involved, but the most room is left for the Particulars of your claim. If you feel that there is not enough room, or would prefer to type the particulars, you can add another sheet (but make sure you identify it!).
    You can add evidence as you see fit (that letter to the dog owner for example) the court will consider what is relevant. Only enclose copies of letters etc. with the form, not the originals, and the court requires a second set that it will send to the to the defendant.
   One word of advice, make very sure that the address for the defendant, that you have to put on the claim form, is accurate. If the forms sent by the court to the defendant are returned marked, “Not living here” or similar this causes a great deal of trouble.

3. Quite soon after submitting the form you should receive an acknowledgement from the court which will be another form. This will inform you of the defendant’s options (from accepting your claim as valid, disputing aspects of it to ignoring it completely) and the date by which the defendant must respond. If the defendant ignores the court’s letter  read leaflet  EX304  “No reply to my claim form - What should I do?”. The court may award you a “default” judgement against the defendant.
   If the defendant responds, but disputes your claim or part of it, then the arbitration process starts. You will both have to attend a hearing, put your case to the judge who will decide on who is the winner. The losing party may be granted grounds for appeal, though this may require new evidence to be produced that bolsters the appellant's case.

4. If the defendant ignores the claim you and you win by default, or, if at a hearing the courts finds in your favour,  you have to specify how you would like the money to be paid; in a lump sum immediately, by instalments or by a specific date. Be sensible here, it may be impossible for the defendant to pay it all immediately, but instalment payments may drop off and cause you more hassle chasing them through the court. A deferred payment, by a month say, may allow the defendant to raise the money.

5. If the defendant defaults in the payment, in any way, you may start an enforcement order against him or her. This can involve seizing goods for sale at auction up to an attachment of earnings if the defendant is in employment. The defendant’s bank account can even be frozen and the balance used to pay the compensation. There are extra fees for some of these, but these will be added to the amount the defendant owes. However the court cannot guarantee that you will get any money back. You may be left with a hole in your own balance and merely the sense of having achieved a moral victory on a matter of principle. Leaflet EX321 “I have a judgment but the defendant hasn’t paid - What can I do?” explains some of your options.

Note: You can download Form N1 and complete it on you PC, but you cannot save  the completed form, you must print it out. Printing the blank form, completing in pencil and then typing it in is a good idea. You MUST get everything right, even down to the correct titles for all parties.


      This is another method that allows you to start your claim on line, see the link below for details.

N.B.
KEEP A DIARY OF ALL EVENTS : visits, phones calls (in and out), letters (posted & received), visits by police to both yourself and the dog owner/handler.
KEEP ALL RECEIPTS : especially for clothing etc.,  get proof of posting and receipts for letters, phone calls can be estimated (don’t be greedy,)
KEEP A RECORD OF ALL CONTACT NAMES : police officers (name, number & station), hospital doctor if possible, court officials to whom you speak etc.
ABOVE ALL - KEEP YOUR STORY HONEST: it is far easier to defend the  facts than any “embellishments”, if it comes to a court case advocates are trained to find any cracks in your story.

HOME