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Open a new small claim after a concluded hearing

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  • Open a new small claim after a concluded hearing

    I have a question

    once a hearing is concluded in the Small Claims Track and a judgement handed down, all finished - can the losing side then start a fresh claim against the winning side, but for different sums?

    For example Andy sues Betty for not paying his invoice of £100.00 but B does not counterclaim and loses.
    Betty then sues Andy for not paying HER invoice of £100.00 relating to a different matter (even though previously she was willing to let it go and didn't raise it as a matter in the first hearing)

    Thanks all
    Tags: None

  • #2
    Re: Open a new small claim after a concluded hearing

    If it's a "different matter " then of course it is open to a claim and seem unrelated to the first claim.

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

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    • #3
      Re: Open a new small claim after a concluded hearing

      ok thanks. The situation is complex - may I PM you?

      Comment


      • #4
        Re: Open a new small claim after a concluded hearing

        Originally posted by YeaBuck1418 View Post
        ok thanks. The situation is complex - may I PM you?
        Yes of course.

        nem
        The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

        Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

        If you receive messages from anyone offering advice for a fee please report it to the site team.


        Animo et fide.

        Comment


        • #5
          Re: Open a new small claim after a concluded hearing

          Originally posted by YeaBuck1418 View Post
          Ionce a hearing is concluded in the Small Claims Track and a judgement handed down, all finished - can the losing side then start a fresh claim against the winning side, but for different sums?

          For example Andy sues Betty for not paying his invoice of £100.00 but B does not counterclaim and loses.
          Betty then sues Andy for not paying HER invoice of £100.00 relating to a different matter (even though previously she was willing to let it go and didn't raise it as a matter in the first hearing)
          Would you be Andy or Betty in this situation?

          In order to get accurate advice it's best to be specific rather than hypothetical with a question.

          One thing to consider is whether the losing party is likely to appeal the judgment although for such a small sum it's unlikely. It also depends on what was said by the DJ in his Judgment because there may be no grounds for appeal.

          Based on your scenario Betty would not have had reason to counterclaim if there was no connection between her loss and Andy's claim. Therefore I'm not sure Betty did miss any opportunity to raise her dispute at the hearing.

          I don't know where this is heading but if there is the chance that a new claim were to be issued then I would think this dispute could be settled with the help of the court's free telephone Mediation service.

          Di
          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Re: Open a new small claim after a concluded hearing

            Originally posted by YeaBuck1418 View Post
            The situation is complex
            The Beagles are experienced in handling complex situations

            If you post the facts on the forum you'll received a variety of opinion which will enable you to make a choice of what would work best for you.

            Di
            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Re: Open a new small claim after a concluded hearing

              Thanks for the replies.

              The situation is quite complicated and I posted the gist of it on another thread here;

              http://legalbeagles.info/forums/show...peal-questions

              Did that to keep the current situation separate from the hypothetical question asked here. I will update the other thread with the latest information

              Comment


              • #8
                Re: Open a new small claim after a concluded hearing

                Originally posted by YeaBuck1418 View Post
                Did that to keep the current situation separate from the hypothetical question asked here. I will update the other thread with the latest information

                I've now read your other thread so you'll see why I raised the issue of a potential appeal before anyone could post accurate information on this thread.


                Originally posted by Diana M View Post
                One thing to consider is whether the losing party is likely to appeal the judgment although for such a small sum it's unlikely. It also depends on what was said by the DJ in his Judgment because there may be no grounds for appeal.

                Originally posted by YeaBuck1418 View Post
                Appeal has gone in with full original evidence pack plus grounds for appeal and permission to appeal requested (not yet granted-waiting to hear) - numerous errors of law and errors of fact cited as grounds, plus . . . .

                Originally posted by YeaBuck1418 View Post
                The appeal has been accepted and is now with a Circuit Judge.

                So I'm not sure that your hypothetical question remains relevant since the initial proceedings have not concluded.


                Maybe @Kati can kindly merge your two threads to keep everything in one place.

                Di
                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  Re: Open a new small claim after a concluded hearing

                  Hi all, posted a new question on the other thread, any insight would be gratefully received. Many thanks.

                  Comment

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