Smaill claims help
Discussion
Camelot1971 said:
You can submit as many claims as you want to pay the application fee for but why would you want to try again if you have already lost once? Also, if a judge thinks a claim is vexatious and without merit, they can award costs to the other party.
A party cannot relitigate a case that it lost on. A defeated litigant can try to appeal, but the OP is too late to appeal. Information about appeal rights is clearly set out on many websites, but waiting two months and then asking on a car forum ain't gonna cut it!Merry Xmas yuh all y'all.
* BAMF *
Why was it kicked out?
My claim (as defendant) was struck out for non-compliance, I was told by my solicitor that the claimant had “a limited time to appeal“. She wasn’t specific about time but suggested every passing day would diminish the viability of the appeal.
If it was “kicked out” in the sense that the case was ruled on and you lost, then that’s it.
In any event if you tried to resubmit a claim with substantially the same argument the other party could just move to get it struck out as an abuse of process.
(IANAL)
My claim (as defendant) was struck out for non-compliance, I was told by my solicitor that the claimant had “a limited time to appeal“. She wasn’t specific about time but suggested every passing day would diminish the viability of the appeal.
If it was “kicked out” in the sense that the case was ruled on and you lost, then that’s it.
In any event if you tried to resubmit a claim with substantially the same argument the other party could just move to get it struck out as an abuse of process.
(IANAL)
Not going to hold out much hope for the OP reappearing, especially as the original post seems to have been made in the wee small hours.
What do you mean kicked out? If you want advice you need to provide us with all of the relevant details.
As BV says, if you were defeated following a trial, you may have been able to appeal but you are now too late.
If the case was struck out for non-compliance with an order you may be able to apply for the order to be set aside but you need to demonstrate that your case has merit. Read this - https://www.justice.gov.uk/courts/procedure-rules/...
You must also have acted promptly - this is fact specific. If you were in a coma for the past 2 months and missed a deadline through no fault of your own, you probably have a chance. If you have just done nothing for 2 months, then its staying in the bin.
Good luck!
What do you mean kicked out? If you want advice you need to provide us with all of the relevant details.
As BV says, if you were defeated following a trial, you may have been able to appeal but you are now too late.
If the case was struck out for non-compliance with an order you may be able to apply for the order to be set aside but you need to demonstrate that your case has merit. Read this - https://www.justice.gov.uk/courts/procedure-rules/...
You must also have acted promptly - this is fact specific. If you were in a coma for the past 2 months and missed a deadline through no fault of your own, you probably have a chance. If you have just done nothing for 2 months, then its staying in the bin.
Good luck!
fiju said:
I had a small claim that was kicked out by the judge. This was 2 months ago. Is there a time frame in which I have to resubmit my application?
You can appeal if you had a judgment i.e. Trial and lost, but that would be 21 days from the date of the Order. If it was thrown out for some other reason you might need to clarify what in order to ascertain what else can be done (though chances are you are out of time even for example for a Relief from Sanctions application).
Probably to do with this one that the OP started in October.
https://www.pistonheads.com/gassing/topic.asp?h=0&...
https://www.pistonheads.com/gassing/topic.asp?h=0&...
I offered to help on that one, despite having no expertise. I reckon I could have done better than he has. Apart from that obvious f
ktardery, things appear to move slowly in the OP's world. In the October post it was two years since things had happened, in this one it's two months. If I were that busy, I'd be letting this go.
ktardery, things appear to move slowly in the OP's world. In the October post it was two years since things had happened, in this one it's two months. If I were that busy, I'd be letting this go.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff