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Anomalies in a small claims county court case

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  • Anomalies in a small claims county court case

    I have come across a case that doesnt appear to be legit, for instance: can a county court recorder/judge pass a sentence? Can he impose a ¬suspended fine` & is there such a thing as a suspended fine? Also if a defendant loses a case in county court can the judge wave his court costs and damages? Does any of this make sense to anyone?
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  • #2
    County Court judges don't pass sentences unless it's contempt of court, otherwise it would criminal courts like the Magistrates' Court or Crown Court.

    As for your other question, Defendant's don't get damages, they defend themselves from a claim brought against them, unless they bring a counterclaim. Judges have the power and discretion to award or refuse Claimant or Defendant costs.

    Where's the anomaly?
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    • #3
      Originally posted by R0b View Post
      County Court judges don't pass sentences unless it's contempt of court, otherwise it would criminal courts like the Magistrates' Court or Crown Court.

      As for your other question, Defendant's don't get damages, they defend themselves from a claim brought against them, unless they bring a counterclaim. Judges have the power and discretion to award or refuse Claimant or Defendant costs.

      Where's the anomaly?
      The anomaly is that the claimant won the case and the defendant was handed a "suspended fine", and paid no court costs or any other costs. It just seemed very bizarre to me, but thats what i was told. This comes from a set of cases with the same claimant, and same defendant. If you have any information on how an `application for injunction form is processed by a court, and also how the `General form of judgement or order` is processed and issued, that would be a help. Thanks.

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