UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Julian Morris
Date: Jan 13 2020 12:16:55
In Scotland anyway, the small calims court is really about failure to perform 
one side of a contract, usually payment of money or faulty goods or 
incomplete work. I don't think the small claims court would have locus to 
reach findings of negligence or nuisance or to issue interlocutors to effect 
cessation of nuisance and/or reparation for damage.

Julian A. Morris - Professional Tree Services
jamtrees.co.uk  and  highhedgesscotland.com
0778 XXX XXXX - 0141 XXX XXXX


Sent: Monday, January 13, 2020 at 12:03 PM
From: "Jon Heuch" <jh@xxxxxxxx.co.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Subject: Re: Civil cases for nuisance or damage to property

I would term the damage of low value so

I guess it would not be entertained by a court.



It is the parties to the court action that determine whether it is pursued;
whilst the court will insist on their procedures being followed it is the
claimant that pushes it through the court.



If the matter is low value, in England the Small Claims Court is the place;
no solicitors, no experts, but technical reports are likely to be necessary.
As far as I am aware, there are no public records of this court. I am not
even clear if the public has access, & you would need to be pretty keen to
hang around a court to find the small claims court & see if there was
anything of interest going on. You would probably die of boredom and
frustration & I am sure most people have better things to do.



Jon






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