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 19:13:15
It must be different down there Jon, up here the jurisdiction of the small 
claims court is set by the Sherriff Courts (Scotland) Act 1971 and the 
subsequent Acts of Sederunt. The Sheriff Court could not take a case 
involving proof of nuisance or negligence or issue an interlocutor requiring 
cessation or abatement of nuisance, nor could it arbitrate on or award 
reparation.   

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


Sent: Monday, January 13, 2020 at 6:55 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

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.

 

 

 

Jon 

 




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