Can I use the Small Claims Court for this?

[atticus]

There are in fact 3 tracks in the County Court, and have been since the CPR were introduced in 1999. While I note your certainty and use of capital letters, it is likely that all your cases have been such as to be allocated to the Small Claims Track, leaving you unaware of the existence of the others.

The 3 tracks are:

- Small Claims Track, for cases value up to £10,000

- Fast Track - £10,000-£25,000

- Multi-Track - £25,000 +

Look at CPR Parts 26 to 29.

[paulajayne]

"The interference coming from this house is a wideband hash from around 50kHz up to 20Mhz - it's probably caused by internal mains arcing inside a power supply"

With this information try writing a nice letter highlighting that because of your hobby you have discovered that they have a faulty appliance that is liable to cause a fire and you can assist in identifying said appliance.

Softly Softy catchy Monkey approach.

[R0b]

Certainly all the cases I have brought so far have been where you CAN'T ask for any Costs.

That's not true and it never has been. The general rule under the small claims track is that legal costs are not recoverable, but there are a certain number of costs that are recoverable if successful. For example, costs of court fees, witness attendance costs, expert costs (which are capped) are all example of costs recoverable for cases allocated to the small claims track.

There is also an exception to the general rule that legal costs don't apply and that is where one party's conduct during the claims process (including and up to the hearing itself) has been unreasonable. There is usually a high bar to meet but if a party has been deemed that they have been unreasonable in their behaviour or conduct of proceedings, the court will disapply the no costs rule - the question the court will ask itself is whether the conduct complained of can be reasonably explained and if not, the conduct may be regarded as unreasonable.

I think we have exhausted all of our points so really it comes down to you as to whether you are prepared to take the matter to court. The majority views here is that you don't appear to have a claim but only you can decide if you think it is worth it. Going to court will always be a risk and that decision should be made by you weighing up your options.

[tesla6518]

I know it is late, but my defence against this would be, why has the applicant not installed filters to eliminate the electrical interference. this is done all the time in sensitive operational area's. you have already said you have spent hundreds on equipment, I would have thought a couple more for an in-line UPS with smoothing would sort out all your problems. Rather than make enemies of your neighbours.