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Discontinuance of mcol claim


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Two years ago I raised a claim against my ex husband for gambling debts that he owed me. My solicitor told me to discontinue this claim and to deal with this through the marital route. Unfortunately the marital solicitor has not worked for me and I am left still trying to recoup the money.

Does anyone know whether I can reissue my original claim with the mcol?

Thank you

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Was your claim defended? What was the value of the claim?

 

I'm not sure that you receive the best advice from your solicitor – unless your claim was very weak. At the very least you might have had a judgement in place which would have given you leverage in other – marital – negotiations

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Discontinuance and subsequent proceedings

 

CPR38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7

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Bankfodder, the value of the claim was £30,000. I am now owed the interest for the missing payments on one of the loans as well. I also have paid out over £12,000 in solicitors fees, which have got me nowhere.

A dilemma, and I am not sure which way to jump at the moment!

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