please can anyone give me any advice on claiming through the small claims court in the UK?

Question

I would like to know how much I can claim for, how easy it is to do?should i represent myself, how long will it take if I am suing for deformation of charachter thanks

please could you give me advice on how long it will take, how much ot will cost is it worth representing myself and if it is not suitable to claim for damages for deformation of charachter how best i am doing this thank you

Answer 1

You cannot sue for defamation of character in the small claims court. The small claims court is only for things like recouperating losses if someone fails to provide you with a service or goods you paid for, or for forcing someone to pay a fine.

You should see here: http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

To the person below, yes you are correct, in official language there is no such thing as the small claims court - but in practice the term is used to refer to the small claims procedure.

Answer 2

Defamation of character cannot, as far as I am aware, be dealt with by the small claims court.

Small claims are disputes involving money usually, and they were set-up to allow cases to be heard without the cost of legal representation.

In a small claims court, the judge has the last say and there is no appeal, because he looks at the evidence from both parties, interprets it in accordance with law, and then makes a decision one way or the other. The proceedings are usually quite informal.

Unless you are very rich, I would either forget any civil-action, or perhaps get the police involved on the basis of harrassment and verbal intimidation.

Answer 3

If after the loss of life of a claimant in any declare the reason for action survives, yet no order is made substituting as claimant somebody in whom the declare vests or, because of the fact the case may well be, the interior maximum representatives of the deceased claimant, you may prepare to the court docket for an order that till the declare is proceeded with interior such time as may well be special in the order the declare would be struck out. (RSC Ord 15, Rule 9) it is greater in all probability than no longer that the claimant did no longer make provision for the declare to be pursued against you after his or her loss of life, or nonetheless that the relatives of the deceased no longer needs to pursue it. the concern is which you do no longer know the reason. if it rather is the former then you somewhat could win by using default, because it have been, and you will declare your expenses against the deceased's property. if it rather is the latter then you somewhat threat prolonging the declare. In the two experience you may ask the court docket to make an order that the declare be proceeded with interior say, 28 days, which will shield your pursuits. on the comparable time write a letter to the claimaints solicitors, on a without prejudice foundation, asserting what words you would be prepared to settle the concern - the two that each occasion bears its very own expenses, or the claimaints property pays area of your expenses. regardless of you decide on for make useful that the settlement is very final and that no greater desirable claims, in any type or way in anyway, could be pursued or resurrected after the settlement. it is in all probability greater powerful to report a consent order to that consequence with the court docket to make useful.

Answer 4

If you intend to enter into litigation over this issue then you should see a solicitor who specialises in this type of law. DO NOT attempt to try it on your own unless you have received legal training.

It is not just a matter of the facts of the case but also points of law. Unless you know where to look and correctly interpret what you have found and apply it to your circumstances, then you could loose and end up paying not just your costs but the costs of the other side as well.

You must also consider if the defendant actually has any money to pay any compensation award that may be given.

Good luck

Answer 5

You are a little confused here and I will try to help out a bit.
We here in the UK do not as such,have a Small Claims Court they are known as Civil Courts.
If you find where your local Civil Court is (every town has one) pop in and ask advice,they will give you all the information you need to take Civil Action.
You can also contact the local Citizens Advice Bureau who will gladly give advice.
All the best and,good luck!!