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 16:55:36
It's not the size of the claim, it's what needs to be proven. Small claims 
courts dont have remit to decide what is a nuisance, what is negligence and 
to issue (in England) injunctions that are anything other than orders for 
payment or orders to perform a contract. I have learnt the hard way, I am the 
extremely reluctant chair of our residents association and we are in the 
process of 8 small claims for non-payment of factorng fees. And when I was a 
contractor I took someone to SCC for £75. It cost me £32.50, which I got back 
off him as part of a settlement of £215.

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


Sent: Monday, January 13, 2020 at 3:12 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

You can put your claim in online up to £100,000.

 

I believe it is for the court to decide whether the claim is dealt with via:

 

Small Claim 

Single track

Multi track

 

It should be easier to determine if there is a breach of a simple written
contract but I believe the decider between the three is value (& complexity)
of claim……& there is always an desire and intention to get parties to settle
via mediation if necessary.

 

Jon 

 




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