can i make a claim for criminal defence cost in the small claims court?

Figaro2016

I presume that would come from the Small Claims Court?...

SuzieSue

Figaro2016 wrote: »

One of the items I want back most is a bottle-opener my mother gave to me many years ago when I turned 18 - it was a symbolic thing and had a personalised inscription. She's not with me now and it has precisely no monetary value at all, I have not photo of it and cannot evidence in any way that it even exists but it was in a box of other such stuff in our home - which may well have all been taken to the tip for all I know.

How on earth would I make a claim for things like that?

You can but she will just deny having it. But I would have thought that you could make a claim for items that most people would have at their home.

SuzieSue

Figaro2016 wrote: »

I presume that would come from the Small Claims Court?...

Yes, it would. They will send her details of your claim.

How on earth did you manage to get involved with someone like that and how did you find out about the affair?

Figaro2016

We were acquaintances and it grew into more, ironically, partly motivated by sympathy on my part - she told me her partner before me had been abusive, etc, needless to say it emerged that wasnt true either. The fact that the person who involved the police at the beginning was actually having an affair with her only emerged many, many months later in the Court process.

If you want to evict your partner from the home at a moment's notice - get the police to do it for you, it is easy if you are prepared to follow through! Accusing someone of harassment pretty much closes down all options because even the most reasonable and benign communication can be cited as 'unwanted'. In terms of the law this is not what harassment actually means - it has to be much more than that and have genuinely malicious intent behind it, but I am afraid that with the level sophistication you will find generally within police and CPS something as nuanced as that does not register...

I hope that if communication comes from a Court itself then there can be no possibility of further allegations to this effect being made?

NeilCr

The logical me says that you can't make a claim for defence costs through the small claims process. Otherwise there would be a lot of people doing it

In terms of your property the small claims court likes to see that you have made some efforts get the matter sorted before going there. There are ADRs and mediation services around

I understand that you can't afford a solicitor. Have you got a law centre near you - they may be able to give you some general advice on what you can do and how you should go about it

http://www.lawcentres.org.uk

Alternatively, you could ask your local court who may be able to answer some of your questions

Proxima_Centauri

NeilCr wrote: »

I understand that you can't afford a solicitor.

As far as i understand it, he could afford a lawyer, but has already paid out £20K in defence fees so is unwilling..?

His stuff is still round at her flat, - he needs to try and get it back without her trying to claim harassment.

NeilCr

Proxima_Centauri wrote: »

As far as i understand it, he could afford a lawyer, but has already paid out £20K in defence fees so is unwilling..?

His stuff is still round at her flat, - he needs to try and get it back without her trying to claim harassment.

Aah. Okay. I missed that

Then, if the funds are there, an hour with a solicitor to understand what he can and cannot do would be money well spent

Get the point about harassment. I was just saying that the court likes to see an effort being made - mediation is a possibility if (a big if I know) both sides agree. Again, a solicitor may be able to find a way forward

LilElvis

If one court has already awarded you some of your costs then would another court effectively alter that order by giving you the remainder? Probably a point that only a legal professional could answer.

Figaro2016

Yes that is correct - I am not without means but I am £20K down already! Ironically if you are completely destitute (or can make yourself appear so) there is some legal aid still available in court; in other words if you are a professional criminal you're still covered...

I have been advised that an attempt to 'sue' does not have any foundation in law and would likely cost multiples of what I have already spent. There is a strong case to investigate an attempt to pervert the course of justice, but that is a police matter and I am afraid unless it is high profile they simply dont bother.

I have been advised to explore the small claims court as a realistic vehicle to get some form of redress even if it is only financial.

Of course I can make a complaint against the police but that is a matter for a different forum and does not result in compensation - at best a letter of apology.

Person_one

SuzieSue wrote: »

What it has to do with voting Conservative I really don't know, but it would seem that in the eyes of that poster if you did, you deserve everything you get. People can't read every line of the manifesto before they vote. But I assume that poster did before she voted Labour.

I do believe that anybody who voted Conservative has no right to complain about cuts to public services. They wanted them.

That's not the case here though apparently, so I'll drop that now.