Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Lightbulb Schedule of Loss, can I list injury to feelings

    Hi there,

    I need to submit a schedule of loss to the respondent by 17/06/11. Can I include injury to feelings?

    Thank you kindly!


  2. #2
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    Default Re: Schedule of Loss, can I list injury to feelings

    You can only claim for injury to feeling if you are claiming discrimination.


  3. #3
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hello, I am claiming discrimination. How do I put a figure on it? I've mathematically set out all my other losses, loss of employment rights, etc. Or, would you leave it off the schedule of loss altogether? Thanks, Rebecca


  4. #4
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi

    If you are claiming discrimination, then then put on the schedule of loss `injury to feeling` and leave the rest blank [figure coulmn]

    That way the ET are aware that you are claiming for injury to feeling and the figure will be decided at the remedies hearing,if you were to win your claim


  5. #5
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    Default Re: Schedule of Loss, can I list injury to feelings

    Excellent. Thanks very much for your help. Kind regards, rebecca


  6. #6
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    Default Re: Schedule of Loss, can I list injury to feelings

    'Loss' is limited to financial or economic loss. It does not extend to non-pecuniary loss such as injury to feelings...

    ---Aut viam inveniam aut faciam---

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  7. #7
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi Bigredbus,

    Thanks for your note. I've not submitted the SoL yet. Should I leave it off then? Presumably the Judge, if he sees fit, will award compensation for injured feelings? I don't need to make a point of it?

    Regards, Rebecca


  8. #8
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi Rebecca,

    My apologies... I didn't read the entirity of the thread (once again!)... and as you are claiming unlawful discrimination, you are entitled to claim compensation for injury to feelings. However such award is not made automatically and it will be for you to show that you suffered such injury as result of the unlawful act. Nevertheless the burden on you is not a heavy one and the matter of feelings may be simply stated.

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  9. #9
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    Default Re: Schedule of Loss, can I list injury to feelings

    So, sorry, Bigredbus, but to be clear, should I leave it off the SoL and just stick to my actual financial loss? And, the matter of injury to feelings, I should bring up at the Hearing?

    Thanks in advance, Rebecca


  10. #10
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi, and sorry again for the fact that I don't always read the entirity of the thread before replying...

    Yes... You should not make any mention of it on your schedule of loss, and you should bring it up at the hearing...

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  11. #11
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    Default Re: Schedule of Loss, can I list injury to feelings

    Thanks Bigredbus, much appreciated.

    Kind regards, Rebecca


  12. #12
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi Rebecca & Bigredus

    Firstly ,BRB,you had me confused with your initial reply, thats why i hesitated with my reply.

    Secondly, from my experience if there is no mention of the words`Injury to feelings`on the schedule of loss then the claimant may/will face difficulties,if the other side were to oppose or challenge[and they will] a claim that is not documented nor mentioned on the Schedule of loss,

    There is absolutely no harm in stating the words `injury to feeling` on the schedule of loss, just to be on the safe side...but this decision is entirely yours rebecca.


  13. #13
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi 'Madari',

    Yes, I don't always read the entirity of the thread prior to replying...

    Just to remind you that there is no need to add a field related to injury to feelings on the schedule of loss as including such award for injury to feelings is fundamental to a claim based on discrimination. Therefore, and as I mentioned in post #8 the matter of feelings may be simply stated at the hearing...

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  14. #14
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi BrB,

    I agree with you to a point but dont forget court rooms a battle ground for arguments and to be on the safe side one should include all that is claimed , regardless.


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    Default Re: Schedule of Loss, can I list injury to feelings

    We respect your views, 'Madari', and your experience of the court rooms... but I can assure you that the panel will be expecting that the claimant raises such a matter...

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  16. #16
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi BrB,

    I think you are missing the point,I am not disputing your comments.

    My point is that once it is documented`[injury to feeling] then it has to be addressed one way or another,otherwise as you say Quote:`....the panel will be expecting that the claimant raises the matter.....`

    lets not confuse poor rebecca...

    Regards


  17. #17
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi Big Red Bus, Madari,

    Thanks for both your replies. How about I mention the upset caused in my witness statement? I'll be leaving a figure out of the schedule (as I can't quantify it in any case), but I will have recorded the fact that I have suffered as a result of my ex-employers words / actions.

    I'd be grateful of any advice.

    Thank you in advance.

    regards, Rebecca


  18. #18
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    Default Re: Schedule of Loss, can I list injury to feelings

    Hi

    Yes, you must include in your witness statement all `upset` that you were subjected to.



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