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JohnSmith1000

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Posts posted by JohnSmith1000

  1. My wife is the claimant in a claim that has been allocated to the small claims track.The hearing has been allocated to a court that is a long way from our home and, with young children to look after, she's decided not to attend the hearing.Having thought about it, she feels that it is more likely than not that, given that she is not attending in person, the judge will find in the defendant's favour. She therefore feels she is better off issuing a notice of discontinuance and being refunded the hearing fee to reduce her losses.Is it right that the correct form for discontinuance is a N279? Many thanks

  2. Hmmm.I see what you mean.It would appear that the claim should have been made on the basis of Sale of Goods and Supply of Services Act 1982 - failure to provide the service of accomodation with reasonable skill and care.What is the best thing for my wife to do? Should she seek to amend anything or just carry on as is? Maybe deal with in the witness statement which seems to follow next post allocation?Many thanks

  3. My wife has brought a claim against someone who we rented a holiday home from.

     

    Her claim is based on the sales of goods act - the property was not fit for purpose/did not meet the description.

     

    She does not have photos but has her, mine and her sister as witnesses and so the witness statements will be the key evidence for her.

     

    We are assuming that the case will be allocated to the small claims court and that it will be allocated to the defendant's local county county.

     

    That court is a long way from where both we live and my wife's sister lives. We have two young children and my wife's sister will not want to take holiday/travel for a hearing.

     

    My questions are, assuming allocated to small claims and defendant's local court:

     

    - how likely it is that there will be a hearing at all for a case like this versus a judge deciding it without a hearing;

     

    - assuming there is a hearing, is it possible to avoid my wife/her sister having to attend either as claimant or witness?

     

    Many thanks

  4. Thank you for the responses on this. We've been considering what to do.Is there a link someone can point us to that shows defendant's recoverable costs? We're trying to calculate our maximum exposure if we lost the case on the assumption that it was allocated to the small claim court.Can anyone see any signifincat risk that it would be allocated to a track other than a small claims court? E.g. the fact that it is a sale of goods act case rather than, say, a simple debt claim? I'm not familiar with the real remit of the small claims court.Many thanks

  5. Thanks very much Andy. I think she will follow the discontinuance route.

     

    A couple of follow-ups if I may:

     

    1. I cannot see where the rules say that CPR 38 does not apply to small claims - can you point me in the right direction?

     

    2. is it safe to assume that this would be a small claims case before it is allocated - holiday rental, not in good condition, sale of goods claim for under £2k?

     

    3. assuming she wants to discontinue, what is the most practical way to proceed? Am I right that she should be using form N279 to discontinue and that she complete that and send it to the court and at the same time send it to the defendants?

     

    4. how can she get the missing information for the discontinuance notice at this point so she can send it off asap e.g.

     

    A. "In the....",

     

    B. presumably no Judge is relevant in the "granted permission" section?

     

    C. ""The court office at...."?

     

    Many thanks

  6. Hi there

     

    My wife decided to file a claim against someone who we rented a holiday home from. Small claim (under £2,000) submitted through the Money Claim online website.

     

    She is now questioning her decision given the hassle involved of pursuing the claim (it is not clear cut as relies on sale of goods act etc) and is considering discontinuing the claim. The claim was submitted just this morning.

     

    I see there as being two options:

     

    1. discontinue the claim

     

    A couple of questions on discontinuance if I may:

     

    - am I right that Part 38 (38.6) of the CPR applies to this claim and so, in principle, my wife would be liable for costs incurred until the notice of discontinuance is served on the defendants?

     

    - am I right that if to be discontinued she should be using form N279 to discontinue and that she complete that and send it to the court and at the same time send it to the defendants?

     

    - if 38.6 does apply is there a practical way to avoid the defendant incurring claimable costs asap? E.g. should she email them to say I've submitted a claim but am discontinuing?

     

    - how can she get the missing information for the discontinuance notice at this point so she can send it off asap e.g.

     

    A. "In the....",

     

    B. presumably no Judge is relevant in the "granted permission" section?

     

    C. ""The court office at...."?

     

    2. let the claim run

     

    If she lets the small claim run, does she risk incurring the liability to pay the defendant's costs? She was operating on the basis that for small claims you never pay the defendant's costs, but that does not sound logical to me.

     

    I suspect she will prefer the discontinuance route.

     

    Any guidance much appreciated.

     

    Many thanks

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