Prepare for the hearing
The claim was not settled through the court's mediation process and proceeded to an in-person hearing. The claimant prepared a clear bundle, checked the calculation and planned short answers to the defence.
From defence to payment
See how the claimant prepared and kept records. Follow the directions in your own case; these events do not explain why the judge reached the decision.
Directions questionnaire
Record the hearing venue, witnesses, availability and mediation position using the current court process. Treat the court's later order—not the worked example—as controlling.
Mediation
The claim was not settled through the court's mediation process, so it proceeded to a hearing.
Witness evidence
The claimant used clear headings for the FTT history, calculation, answer to each defence point and the remedy sought, with references to the supporting exhibits.
Indexed bundle
The useful sections were the claim and defence, court orders, FTT decisions, lease and account evidence, pre-action material, evidence answering the defence and the final calculation.
In-person hearing
The final County Court hearing took place in person on 5 January 2026. Short answers were prepared for questions about direct enforcement, Termhouse, Cannon, whether issues were being decided again, the online claim service and the signed document.
Judgment and payment
The order separated principal, interest, costs and the payment deadline. Payment evidence was sent on the deadline; cleared receipt should be checked separately.
Questions to practise answering
Use these prompts to prepare answers based on your own claim. Answer briefly, then show the judge the relevant claim paragraph, legal source and evidence.
- Is this direct enforcement under CPR 70.5?
- No. The service-charge element is pleaded as a fresh County Court repayment claim. The FTT findings are relied upon for the issues they decided; enforcement would follow only after a money judgment.
- Does Termhouse mean the claim must fail?
- Termhouse confirms that a section 27A determination is declaratory and cannot itself be enforced as a money judgment. Identify the separate legal basis for the repayment claim and show how the calculation applies the findings to money paid.
- Is this asking the court to decide the service charges again?
- Identify precisely which issues the FTT decided and explain that those issues are not being put back before the court. Do not overstate the effect against a different party.
- Why was an online claim service used?
- It was only the service used to issue the claim. The claim must still state an available legal basis and meet the service’s current requirements.
- Did the signed document end the claim?
- Its effect must be decided from its words, context and applicable law. Address timing, intention, settlement status, consideration, statutory effect and any properly evidenced pressure without assuming the worked outcome supplies a general rule.
Law and official guidance
5 sources- Civil Procedure Rules Part 27: the small claims track · checked 5 September 2026 (opens in a new tab)
- Practice Direction 27A: small claims track · checked 5 September 2026 (opens in a new tab)
- Termhouse (Clarendon Court) Management Ltd v Al-Balhaa [2021] EWCA Civ 1881 · checked 5 September 2026 (opens in a new tab)
- Cannon v 38 Lamb's Conduit LLP [2016] UKUT 371 (LC) · checked 6 September 2026 (opens in a new tab)
- Civil Procedure Rules Part 70: general rules about enforcement · checked 5 September 2026 (opens in a new tab)