Small claims court

[NeedAdvice]

Does a judge when reviewing the evidence look more in favour of the person who has tried their best to resolve matters rather than the other party involved who has done very little?

The reason I ask is my case it looks as if it's gong to the SCC very soon, it is I that has had to do all the letter writing and I've had very little in the way of replies, this is frustrating as the defendant is at fault and has admitted in sorts but is still being uncooperative, can't see any more that I can do to resolve matters except go to the SCC.

All letters of correspondence have been kept and I've made notes of phone calls, surely if the claimant is trying their best to reach a amicable settlement and the defendant is being uncooperative this must go in favour of the claimant, not sure how the courts work or whether they take this into consideration and this is why I'm asking on the forum

Any thoughts or advice gratefully welcome.

[enquirer]

Re: Small claims court

The judge will certainly be interested to learn that the other side has been unreasonable, so the point is worth making. This may affect any final award, and might, depending on the circumstances, detract from the credibility of their evidence.

[des8]

Re: Small claims court

And it could be useful when applying for costs cf CPR27.14 (2)(g)

[NeedAdvice]

Re: Small claims court

Thanks very much for your replies. I'm hoping the judge will see that they've been unreasonable and give a verdict in my favour, can't see how I could possibly have done any more, the defendants has been stubborn and argumentative throughout and just pleased there's not many people like this in the world..