MSE in court,,,

cheekygirl109

Just to add my pennys worth;

You can't use a document marked with prejudice without the Courts permission - highly unlikely

Unfortunately if you didn't read the T&C's - you are still agreed to them - unless you are mentally ill or a minor

I wouldn't advise going before the Judge with loads of legal waffle and quoting lots of cases - in my experience (I attend court often) the judge will grant Judgement to the party that appears to the most inoccent party regardless of what you present to him. Unless they have legal representation you will probably be best at playing the victim in all this who understands little law. That way the Judge will assist you more.

After all this is the smalls claim court!

mdbarber

cheekygirl109 wrote: »

Just to add my pennys worth;

You can't use a document marked with prejudice without the Courts permission - highly unlikely

Unfortunately if you didn't read the T&C's - you are still agreed to them - unless you are mentally ill or a minor

I wouldn't advise going before the Judge with loads of legal waffle and quoting lots of cases - in my experience (I attend court often) the judge will grant Judgement to the party that appears to the most inoccent party regardless of what you present to him. Unless they have legal representation you will probably be best at playing the victim in all this who understands little law. That way the Judge will assist you more.

After all this is the smalls claim court!

I like your style!

mute_posting

mdbarber wrote: »

it certainly does not apply in cases where possible criminal charges may be brought

Are criminal charges likely in this case? I thought small claims court was civil cases only? I accept I could be missing something!

mdbarber

mute_posting wrote: »

Are criminal charges likely in this case? I thought small claims court was civil cases only? I accept I could be missing something!

That's a very good question MP and one i don't know the answer to, but it is along the lines of the question i had thought of eg
if a judge was made aware of several breeches of law is he bound to take any further action?

mute_posting

mdbarber wrote: »

if a judge was made aware of several breeches of law is he bound to take any further action?

I don't think it works like that in a small claims court. AFAIK the judge is there to judge the case before him/her based on the evidence presented, not to instigate criminal sanctions (which I'm sure is the wrong terminoligy but I hope you can see what I'm getting at).

I would assume for criminal charges to be brought ICE would have to be taken to court by Trading Standards and at a higher level of court. If that makes sennse?

MP

Blacksheep1979

cheekygirl109 wrote: »

Just to add my pennys worth;

You can't use a document marked with prejudice without the Courts permission - highly unlikely

I think you'll find you can - now a doc with 'Without prejudice', that would be an entirely different kettle of fish...

mdbarber

I see what you mean MP but i wasn't actually stating that the judge make any decision on that evidence, just asking if he was honour/duty bound to make any reports etc, such as involve trading standards
I think this is relevant to this thread as obviously some info from here is being presented as evidence,
so for example
If I had posted on the thread that i had kicked the car stereo around a bit (ie criminal damage) then would he be obliged to report me to the police?

Brooker_Dave

mute_posting wrote: »

Are criminal charges likely in this case?

In a word, no.

Tozer

mdbarber wrote: »

I see what you mean MP but i wasn't actually stating that the judge make any decision on that evidence, just asking if he was honour/duty bound to make any reports etc, such as involve trading standards
I think this is relevant to this thread as obviously some info from here is being presented as evidence,
so for example
If I had posted on the thread that i had kicked the car stereo around a bit (ie criminal damage) then would he be obliged to report me to the police?

No why would he? They are not in law enforcement. However, like any other member of the public they could ask the Police to investigate.

Tozer

Blacksheep1979 wrote: »

I think you'll find you can - now a doc with 'Without prejudice', that would be an entirely different kettle of fish...

Actually the use of 'without prejudice' doesn't guarantee that a document cannot be produced in court at all.

Otherwise the rules relating to genuine without prejudice documentation could be seriously abused.