UKTC Archive

Re: Civil cases for nuisance or damage to property

Subject: Re: Civil cases for nuisance or damage to property
From: Jon Heuch
Date: Jan 13 2020 18:55:52
It's not the size of the claim, it's what needs to be proven. Small claims 

courts don’t have remit to decide what is a nuisance, what is negligence and

to issue (in England) injunctions



Well an injunction is quite different, but the documentation is quite clear
– the route your case takes is based on its value. The simple fact of the
matter is that two barristers/advocates, two solicitors and a couple of
expert witnesses are going to set you back a lot more than £10,000 for a day
out in court. Court fees alone may be significant. If your negligence or
nuisance claim is for £5,000 the small claims court will look at it, but a
member of the public may find it difficult to prove their case by
themselves. That’s for the claimant to sort out, not the court.






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