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  1. #1
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    Default 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

  2. #2
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    Default 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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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    Default Re: Open a new small claim after a concluded hearing

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

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    Default Re: Open a new small claim after a concluded hearing

    Quote 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 Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





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

    Quote 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 specializes in consumer credit. 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

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    Default Re: Open a new small claim after a concluded hearing

    Quote 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 specializes in consumer credit. 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

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    Default 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

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    Default Re: Open a new small claim after a concluded hearing

    Quote 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.


    Quote 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.

    Quote 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 . . . .

    Quote 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 specializes in consumer credit. 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

  9. #9
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    Default 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.

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