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I want to take a small claims action against my council but I do not know to whom I address the suit/claim.

 

I mean in a normal law suit it would be the CEO, XXXX Ltd, but in the case of my council should I sue -'The Mayor and Burgesses Council xxxxxx' -& address the claim to him, or do I address the claim to the - CEO of London Borough of XXXXXX

 

ref, TVs 'The Sherrifs are Coming' and they had high Court write against 'The Mayor & Burgesses Havering Council' .

Thanks for any help.

Edited by Caz16

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You will need to yell us what you are sueing for, for us to be able to point you in the right direction.

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Why, its sub judicial at the moment, do you know the answer to my question?

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Hello there.

 

I'm not sure what you by sub judicial.

 

HB


Illegitimi non carborundum

 

 

 

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Hi honeybee,

Do you know the answer to my question?

 

Here is my question again:

 

I want to take a small claims action against my council but I do not know to whom I address the suit/claim.

 

I mean in a normal law suit it would be the CEO, XXXX Ltd, but in the case of my council should I sue -'The Mayor and Burgesses Council xxxxxx' -& address the claim to him, or do I address the claim to the - CEO of London Borough of XXXXXX

Edited by Caz16

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I expect the legal people will be along later.

 

They may ask you for further details.

 

HB


Illegitimi non carborundum

 

 

 

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The court claim would just be against the council and not any office holder.


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Sub Judice only applies where a case is under way with court

- it doesn't apply to discussions prior to a claim being lodged

 

 

so a basic discussion of what the case is about should not affect the future case.

 

 

Even once the case is under way it doesn't (unless there's a court order) implicitly prevent a case being discussed,

you've just got be careful not to impede or try to influence the case.

 

Craig

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The court claim would just be against the council and not any office holder.

 

Thats was my original thinking, but, in one of last weeks 'Cant Pay Wont Pay' they had a write against Havering council & the actionable plaintiff was the ''The Mayor & Burgesses, havering council' not havering council

 

If you address any claim against the wrong person then its a 'no case to answer' result.

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i would think the council as a legal entity and owner of assets would the defendant. Not sure why you would list an office holder unless they were directly responsible.


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I hope someone who has sued a council which has a mayor looks in on this & throws some light on it.

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Not sure why you would list an office holder unless they were directly responsible.

 

When you sue a private company (PLC) you always address the claim to the CEO who is never directly responsible >except in law

Edited by Caz16

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I don't think it makes any odds, as the CEO, Mayor etc are not going to be dealing with it. The court papers would be passed to their legal department.


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I don't think it makes any odds, as the CEO, Mayor etc are not going to be dealing with it. The court papers would be passed to their legal department.

 

I see your thinking, anyone suing a council would 1st make a claim naming the head solicitor as the plaintiff.:-(

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Hi Caz16

 

You do bring out a good point when fighting any Local Authority (Council) as to who you would address any Claim to i.e would it be the individual you dealt with, would it be the CEO, Would it be the Mayor etc.

 

My own Local Authority (Council) has a Chief Executive Officer (CEO) & a Major.

 

From my own personal experience when I took on my own Local Authority (Council) for over 4 yrs most Local Authorities (Councils) have a Chief Executive Officer (CEO) so address it to the CEO but as has already been stated it really does not matter who you address it to with the Local Authority (Council) as it will be passed to there Legal Department to deal with.


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Hi Caz16

 

Forgot to ask with your question on suing the Council before considering this have you followed and exhausted the Councils Complaints Procedure?


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but as has already been stated it really does not matter who you address it to with the Local Authority (Council) as it will be passed to there Legal Department to deal with.

 

Yes and probably around a few dept as well, so, >what has that got to do with my question

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Caz

 

This is a free public forum, where people volunteer time. You have been given an answer that it does not matter whether you address a court claim to a named official, because it will be the Council as a recognised legal entity that would respond to the claim.

 

Why don't you phone the council and ask them where they want the court claim sent to, who it needs to be addressed to. Then you can do as they suggest and it should get to the person or department that will deal with it.


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To add to what UB says, we can give better advice if we're told the complete story rather than a series of one-off questions. But it's up to you. :)

 

HB


Illegitimi non carborundum

 

 

 

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Be aware that if you are considering issuing the claim through Northampton (MCOL) you cant sue a Government body.

 

Step 4) Defendant details

A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes

you the money).

 

Looking further ahead...should you attain judgment...then its imperative that you have sued the correct body...otherwise it will be impossible to execute the judgment.

 

Regards

 

Andy


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I see your thinking, no its nothing to do with cars or parking etc

 

Ahh, by that response it seems you fully understand my original, one and only, question, it's also what I meant when I said if anyone sues the wrong person then its a straightforward case of "no case to answer".....then the judge awards costs and says "bye bye"

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I've sued a council - didn't name any individual, just X County Council.

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I see your thinking, no its nothing to do with cars or parking etc

 

Ahh, by that response it seems you fully understand my original, one and only, question, it's also what I meant when I said if anyone sues the wrong person then its a straightforward case of "no case to answer".....then the judge awards costs and says "bye bye"

 

:???:


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:???:

 

 

:lol::violin::lol:

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