Small Claims Court guide
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Small Claims Court Guide guide.
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Possibly covered by this part of the guide?
The Judge hadn't read any of the documents and didn't take into account their poor behaviour. He said the car could have developed 2 different faults (with identical symptoms), so he let them off. He didn't award any costs.
I was absolutely dumbfounded because all the advice Trading Standards gave me about consumer protection was stood on its head by the Judge, who demanded technical proof of incompetence.
I really think you need a lawyer's help to have any chance of winning.
Many cases are won by individuals acting alone.
Was this a high value claim? It would surprise me if a garage would instruct a barrister for a small claims case - their costs would be more than most claims.
Did you have the judgement enforced?
In theory - yes. However, as there are unlikely to be any cost consequences in not following the Protocols, there isn't really any sanction.
Best to follow, however, unless there is a compelling reason not to.
In a complex case with, for example, multiple defendants it is simply not sophisticated enough to deal with the claim. Equally, if the space for completion of the Particulars of Claim is insufficient then log out and do it the old fashioned way.
Date fixed for 1 May, I'll report on experience.