Defending a claim in court

KeithP

nikki5 wrote: »

Would the court go after the business owner if they're able to get in touch the tattoo artist?

No. The court does not go after anyone.

The claimant must specify who they are claiming from.
If they are claiming from the wrong person, then that 'wrong person' has no case to answer. If there is no other defendant, then that's the end of the case.

It is however still important that that 'wrong person' robustly defends the claim, otherwise the claimant will win the case - by default if the defendant does not defend the claim at all.

Are you the business owner?

Manxman_in_exile

Do you know why the claimant is pursuing you rather than the other person who actually did her tattoo? Is the claimant simply mistaken? If you didn't do the tattoo, how does the claimant know who you are?

bris

I don't think the small claims court will deal with this anyway. In Scotland this would need to be heard in the sheriff court using a Summary cause summons.


Not sure what the English equivalent would be. The small claims deals in actual loss, they don't do personal injury.

Manxman_in_exile

Without seeing the particulars of claim verbatim (they may indeed be rubbish!) who can say.

nikki5

KeithP wrote: »

No. The court does not go after anyone.
The claimant must specify who they are claiming from.
If they are claiming from the wrong person, then that 'wrong person' has no case to answer. If there is no other defendant, then that's the end of the case.
It is however still important that that 'wrong person' robustly defends the claim, otherwise the claimant will win the case - by default if the defendant does not defend the claim at all.
Are you the business owner?

No, I'm not, but the owner is obviously aware of the issue and he's asked me to keep him updated. Do you know if the case would still go to court once I respond?

KeithP

nikki5 wrote: »

Do you know if the case would still go to court once I respond?

Respond to what? What have you received?

Even if you have received papers from HMCS, and complete and return them, if the claimant does not pay a hearing fee there will be no court case.

So the answer to your question is - no-one can possibly say.

Have you received official papers from the court?

Many posters have asked, why won't you post exactly what has been claimed?

DoaM

http://forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=2

Whilst that is related to defending a private parking invoice court claim, the process is exactly the same for defending any small claim.

vikingaero

Could be something worth passing on to your Insurers if you have public liability or legal expenses cover?

unholyangel

bris wrote: »

I don't think the small claims court will deal with this anyway. In Scotland this would need to be heard in the sheriff court using a Summary cause summons.


Not sure what the English equivalent would be. The small claims deals in actual loss, they don't do personal injury.

Small claims can deal with personal injury but the financial limit is different. They just increased the limits earlier this year actually. Previously I think it was £3000 for RTA personal injury claims and £1000 for all other personal injury claims. Now I think its £5000 for RTA claims and £2000 for all others.

I suppose it depends how much they are claiming.


There is also a possibility the business owner could have liability. It will depend on the exact set up not only between the shop & artist but also the shop & customer.

But if the OP is neither the owner or the artist involved, I'd just respond that theres no case to answer, their claim has no basis in law as you are not the owner of the shop where the tattoo took place nor are you the artist who tattoo'd the claimant.

IAmWales

What is the tattoo artist that did the work doing about this? It comes across that they've all left you to it, when you're the one party that shouldn't be involved!

bris, this type of claim can be heard in small claims. I've known a few claims for hairdressing mess ups, in one case the claimant was awarded £5,000 for both the costs of repairing the work and for personal injury.