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sunflower888
Posts: 38 Forumite
Hi
My neighbour took me to a small claims court, we have three consolidated claims, does this mean the value tops out at £10,000 or can it be higher, e.g. 3x£10,000.
Its to do with a boundary encroachment, where its them who are encroached, forcing me to counterclaim.
My neighbour took me to a small claims court, we have three consolidated claims, does this mean the value tops out at £10,000 or can it be higher, e.g. 3x£10,000.
Its to do with a boundary encroachment, where its them who are encroached, forcing me to counterclaim.
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Comments
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What are the 3 claims and how related are they?
But I imagine if they are consolidated then the £10K limit will apply to the combination.
If in doubt, ring the court and ask the court staff.0 -
1 is boundary encroachment
2 neighbour sprayed my plants with black fence paint down one whole side
3 another minor claim
- but if the encroachment is valued more then thats unfair to be capped surely?
- i wasnt aware of that0 -
I don't understand.
Neighbour sprayed your plants and now he is suing you? :huh:
'Another minor claim' is really not very enlightening.
Who is suing who, for what, and for how much?0 -
Yes thats right they are encroached to me, and sued me in their deluded belief they are not. Because I said they were. (It should be me suing but i was trying to resolve it amicably.
They damaged my plants and killed many, so had to counterclaim as they refused to do it.
Then there is a vent to my patio, which is a "nuisance" claim, minor compared to the other.
But the judge has decided to backdate it in years too, which didnt occur to me. But I didnt realise it was capped in total in this way which seems hugely unfair.0 -
1) N is suing you because he has encroached on your land. How much/what is his claim?
2) you are counter-suing for damage to plants. How much is your claim?
3) N's vent discharges onto your patio. You are counter suing N. How much is your claim?
I find it hard to believe that any of the above, or even the 3 claims combined, could exceed £10K.
If this has already got as far as a judge reviewing and back-dating a claim, then the judge/court officials is the best place to be asking.
And I would hae thought the 1st claim above was not for a financial loss but for an order for one or other of you to cease trespassing - which I suspect is a County Court matter not Small Claims.
But again, the court officials will advise.0 -
This sounds like it may net even be heard in a small claims court.
This court is for people who have valid claims for a fixed amount of money.
The issue you describe is not going to be settled in a SMC as they don't have the power to do that. As above, there first needs to be a resolution to the encroachment. So I too believe this would be passed to the County court before a claim can be made, but if so the County court would deal with it all at the same time.
Boundary claims are expensive and time consuming, with the legal fees being uncapped unlike the SMC where there are strict limits on legal fees.0 -
ok maybe I'm not clear or confused myself.
The case is in the county court but in the small track, is that the same as the small claims court? I thought it was.
Yeah N sued me they were trying to sell and wanted a clean bill of health it forced me to counter claim for trespass, which is in part to remove some, but some cant be removed, so the judge has decided to award damages back several years from its start and then forward "into perpertuity" which I had no idea. I had put it in as £9000 (was advised it was about £10-15k but was advised this), the plants were £500 include labour costs to put right, etc, the nuisance I as an LIP only referred to and hadnt distinctly assigned a value to it, so no idea. I think it should have got assigned higher track really. The judge has indicated to do this one back years too. I hadnt realised that when making the claim thought it would be a current day effective figure and hadnt separately allowed for he nuisance part.0 -
is N still trying to sell?
this seems your ace in the hole.
N's buyer will not purchae as long as there is a legal dispute ongoing. so offer to agree to a mutual withdrwal of all legal claims, thus allowing the N to sell, in retrn for the boundary being returned to where it was.
Write off tthe plants (get some free cuttings from friends or Freecycle) and accept the vent which has clearly een there some time anyway.0 -
You can make unlimited claims at £30 a pop, at £5000 max each for small claims.
But if the claims are connected the judge will just combine them at his own initiative and the claimant will have paid out too much in fees, which he won’t get back.0 -
But this does not seem tto be 3 claims. It includes claims and counter-claims. Some of which don't seem to be for financial loss.... (disputed boundary location)0
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