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smcaul

Blacksheep1979 wrote: »

sorry but the ski example is an extreme and even then unlikely to be found in favour case. For skis not to be fit for purpose (which is what the acceptance period is about) they would have to be down right dangerous which would be of far more concern to the shop/manufacturer and something easily spotted at the time of putting the bindings on.

That must be why TS use it as an example then!!! Because throwing people a bum steer is something they like to do!!!!

It seems none of us are lawyers, but some of us seem to want to second guess what a judge would rule!!!!!

poet123

My point exactly.....but it seems the amateur lawyers have taken the point.(at last!):rotfl:

So OP,fight your corner but do it from a position of strength,research the finer details and prepare meticulously. Be firm and polite and stand your ground.

Blacksheep1979

well I had a lovely dinner today (sushi) paid for by my friend who happens to be a barrister now it's not her speciality as she deals with criminal law but she happily texted her uncle who is a magistrate (something I was unaware of) and oooh who happens to have been speaking bull. Obviously this is only his view and as you CAN'T set a precident in the small claims court it wouldn't necessarily be the same with every judge but 3-6 months - no chance, 7 days maybe depending on person and item and normaly 2-3 days.

The one factor he said may work in the op's favour is that if the store is a long way away and he had to or tried to return it in person and he was only free to do that at a certain time.

poet123

Magistrates are not actually legally qualified (you did know that?),and certainly do not work in the SCC so his info is not particularly relevant.

I would have assumed any crininal barrister would be au fait with this fact as most Magistrates operate in the criminal arena and family law.

Most of them are small businessmen with a certain amount of training in reaching verdicts under directionof a clerk to the court who is qualified.

So in reality his opinion is no more valid than yours.

We are agreed that you cant set a precedent in the SCC see previous explanatory post.

uktim29

poet123 wrote: »

We are agreed that you cant set a precedent in the SCC see previous explanatory post.

Was this in the small claims court then?

poet123 wrote: »

this was a major case with big implications for this company which set a precedent.

poet123

In my previous post I explained in what context I had used the word precedent. I agreed that it was probably a bad choice of words as I was not using it in the strict legal sense of the word.

The case I was involved in was used as a guide for others who foilowed the same angle of presentation of their cases,as the same judge heard a set of cases relating to this issue in the same court on the same day,and in a neighbouring town on other dates. All of us who used one particular point won the case....I helped other claimants with their cases and mine was the first to go before the courts. This was probably why the company involved sent a barrister.

poet123

So we are agreed now are we? presumably you were not aware that Magistrates had no legal qualifications? In your own word blacksheep1979

"oooh who happens to have been speaking bull! LOL

Blacksheep1979

sorry missed this - yes I had been drinking that night and tend to use the words magistrate and small claims judge interchangably. As far as I'm aware though a small claims judge doesn't necessarily have legal qualifications either.

It's up to the readers of this thread who they want to believe - someone who thinks 6 months is a reasonable period of time to check something that meets its spec and that you can set a precedent in the small claims court or not....

poet123

You are joking? a judge sitting in the SCC is just that .....a judge,meaning he has undergone all the usual legal training,then been appointed by the judiciary as a paid official. At least 7 years experience after legal qualification is needed,although in practice it is usually much more.


Magistrates are unpaid and unqualified which is why they need a clerk to the courts(a solicitor/barrister)to advise on legal matters.

Even if you were unclear of the roles and qualifications involved, your Barrister friend should have known,so I am not sure why she felt the need to text her relative for info

I am afraid non of this adds to your credibility on legal issues:D

I said that a judge would decide what timescale was reasonable and confirmed my usage of precedent was incorrect in the first instance. If you read your last few posts you will see how ridiculous it would be for the OP to place any credence on your legal knowledge.

THE_LONE_RANGER_4

a county court judge is exactly that as pointed out above , a jp is an ordinary member of the public gone through some basic training in order to be a jp , county court judges do not usually sit in at the local nagistrates courts