Money Claim

Declan1992

I get free legal advice through my union so I’ve got an appointment tomorrow to clarify it.

But as it’s a money claim through a small claim am I wrong to assume they may just throw it out as they have no jurisdiction

the_lunatic_is_in_my_head

Declan1992 wrote: »

I get free legal advice through my union so I’ve got an appointment tomorrow to clarify it.

But as it’s a money claim through a small claim am I wrong to assume they may just throw it out as they have no jurisdiction

From your other thread:

the_lunatic_is_in_my_head wrote: »

Worth a read of this as well:

https://legalbeagles.info/forums/forum/legalbeagles-consumer-forums/welcome-forum/1442987-can-defamation-case-be-brought-through-small-claims-court

as it suggests it can only go through small claims if both parties agree.

Declan1992

the_lunatic_is_in_my_head wrote: »

From your other thread:

Okay now I’m a tad confused.

I’ve submitted my defence and they have obviously rejected what I’ve said and are still perusing this.

So in essence do I just fill out the form as per normal and on the C section where it states if you believe small claims county court is the correct track do i just cross yes ? Or no on the basis it can’t be heard in county court?

If I was to tick yes and go to a hearing could I not just then bring it up in the hearing as part of my defence even though I never included it in my original response?

da_rule

If the County Court has jurisdiction in relation to your defamation claim then it can be heard in any track and it will be the value/complexity of the claim which denotes the track it is allocated to.

I assume in your defence you have raised the issue around jurisdiction under section 18 of the County Courts Act 1984 and how you don’t consent to giving the County Court jurisdiction? And, on your acknowledgment of service, you ticked that you were challenging the Court’s jurisdiction?

I believe section C actually asks whether you think the small claims track is the correct track, not whether the matter should be in the County Court? The only issue I foresee is how limited costs are in the small claims track, but that isn’t really a good enough reason to move it to fast or multi track if the claim itself is relatively low value and non-complex.

I don’t really understand why you filed a defence in the first place. Personally, I would have made an application to strike the claim out as the Court did not have jurisdiction. This would have prevented it being allocated to any track and therefore you could claim the entirety of your costs as the general costs rules apply.

Declan1992

Hi,

No I did not include that in my original defence. Can you add it at a later date?

By me acknowledging the claim is that me giving my consent?

Yes section C does state that I was only wondering if I should write about section 18 in that section or just tick yes that I think it’s the correct route ?

I never saw an acknowledgement of service? Or have I not recieved that yet ?

Can I apply for it to be struck out now?

da_rule

You can apply for permission to amend your defence but the other side could oppose, and they probably would given that you had sufficient time to prepare a proper defence.

Acknowledging the claim is highly unlikely to be construed as consent.

You can always write it in the box if you want to, however a judge probably won’t see it as allocation is generally done by court officers and not judges.

The acknowledgment of service would have been in the response pack. You either would have filled it in on paper or online. It is where you say that you intend to to defend the claim or admit it. There is an extra option to dispute the courts jurisdiction.

You can apply now, there is a £255 fee but the rules state it should be done before the matter is allocated.