Small Claims Court - legal language issue and confusion!
Discussion
Hello! Long time lurker here, enjoy reading about peoples problems and solutions offered. I now have an issue:
I have taken action via Money Claims Online, which is (supposedly) a simple way of taking action in the Small Claims Court. My action is against a big-name holiday firm which did not allow us to fly.
When I look online to check the progress of the claim, it seems to suggest I have won the action and it is inviting me to take out a CCJ against the defendant (see attached screen shot).
However, I have received from the court a "General Form of Judgement or Order" (see attached)
This indicates that the case is still ongoing and the court is asking for a "Certificate" from me.
My questions:
1. Can I go ahead with the online request for a CCJ? I think probably not as this is an error as the case is still ongoing.
2. On the letter what does item 3 mean? Must I jointly certify with the defendant? Seems odd. Not very clear what the court wants.
Comments are welcome. I have no legal representative as the sum involved is relatively small, £600 ish.
I have redacted from the image files text which would identify my case.
Thanks in anticipation!
I have taken action via Money Claims Online, which is (supposedly) a simple way of taking action in the Small Claims Court. My action is against a big-name holiday firm which did not allow us to fly.
When I look online to check the progress of the claim, it seems to suggest I have won the action and it is inviting me to take out a CCJ against the defendant (see attached screen shot).
However, I have received from the court a "General Form of Judgement or Order" (see attached)
This indicates that the case is still ongoing and the court is asking for a "Certificate" from me.
My questions:
1. Can I go ahead with the online request for a CCJ? I think probably not as this is an error as the case is still ongoing.
2. On the letter what does item 3 mean? Must I jointly certify with the defendant? Seems odd. Not very clear what the court wants.
Comments are welcome. I have no legal representative as the sum involved is relatively small, £600 ish.
I have redacted from the image files text which would identify my case.
Thanks in anticipation!
Edited by Gyromancer on Monday 1st February 18:34
IME the online money claim service attempts to be an end-to-end solution, but fails rather miserably.
Once it gets in the realm of courts and district judges sending things, I would pretty much disregard the online portal.
Mine still says that they'll be contacting me soon for a mediation appointment, and the claim against me was struck out nearly a year ago.
Once it gets in the realm of courts and district judges sending things, I would pretty much disregard the online portal.
Mine still says that they'll be contacting me soon for a mediation appointment, and the claim against me was struck out nearly a year ago.
It reads to me as if the Court believes there are other claims involving the same parties that are ongoing. Is this true?
TBH I don't know. Some other passengers may simply "take it on the chin" and not chase the case.
Has the defendant issued an acknowledgment and/or defence to this claim?
Yes, they have submitted their defence to the court.
Has the case been transferred to a local county court? If so, have you rung them?
Yes, it is being transferred to a Local County Court. Yes, I have rung them and sent a "Certificate". But I had to guess the format. I just put:
I (full name) certify that none of the issues in this claim are the subject of any actual or proposed appeal
Is this an EU261 claim? I’ve seen similar for those in the past.
I have not quoted EU261 in my claim but now you have drawn my attention to it, I may well do. Thanks!
Any comments on the requirement for a certificate signed by both parties?
TBH I don't know. Some other passengers may simply "take it on the chin" and not chase the case.
Has the defendant issued an acknowledgment and/or defence to this claim?
Yes, they have submitted their defence to the court.
Has the case been transferred to a local county court? If so, have you rung them?
Yes, it is being transferred to a Local County Court. Yes, I have rung them and sent a "Certificate". But I had to guess the format. I just put:
I (full name) certify that none of the issues in this claim are the subject of any actual or proposed appeal
Is this an EU261 claim? I’ve seen similar for those in the past.
I have not quoted EU261 in my claim but now you have drawn my attention to it, I may well do. Thanks!
Any comments on the requirement for a certificate signed by both parties?
What does their defence/correspondence say about other claims? Are they trying to have your case stayed whilst other cases with other passengers with similar facts are in progress? Or is there a case in the higher courts awaiting judgment that will bind the outcome in yours?
Are the defendants happy to provide the certificate?
Are the defendants happy to provide the certificate?
It appears that the court is considering dealing with multiple similar cases together.
OP, contact the defendant and check that it agrees there is no outstanding appeal. No particular formality is required for the joint certificate. It can simply be a two line attachment to an email signed by or for both parties.
OP, contact the defendant and check that it agrees there is no outstanding appeal. No particular formality is required for the joint certificate. It can simply be a two line attachment to an email signed by or for both parties.
I add that the suggestion that you apply for judgment in default of defence is obviously a mistake generated by the online system, as the Defendant has in fact served a Defence.
What may be happening is that that many people have claimed similar things arising from the cancellation of the same holiday package, flight, or whatever. The court may be considering selecting one or a group of such cases to be taken as lead case or cases, or may be thinking of consolidating all such cases, or ordering that they be heard together or sequentially.
I would have thought that the Defendant might plead that the contracts were frustrated by supervening events, but the consequence of that would be that payments made under the contracts would have to be returned.
For discussion of the legal concept of frustration of contract, see https://www.pistonheads.com/gassing/topic.asp?h=0&...
What may be happening is that that many people have claimed similar things arising from the cancellation of the same holiday package, flight, or whatever. The court may be considering selecting one or a group of such cases to be taken as lead case or cases, or may be thinking of consolidating all such cases, or ordering that they be heard together or sequentially.
I would have thought that the Defendant might plead that the contracts were frustrated by supervening events, but the consequence of that would be that payments made under the contracts would have to be returned.
For discussion of the legal concept of frustration of contract, see https://www.pistonheads.com/gassing/topic.asp?h=0&...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff