Open a new small claim after a concluded hearing

[YeaBuck1418]

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

[nemesis45]

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

[YeaBuck1418]

Re: Open a new small claim after a concluded hearing

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

[nemesis45]

Re: Open a new small claim after a concluded hearing

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

Yes of course.

nem

[Diana M]

Re: Open a new small claim after a concluded hearing

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

[Diana M]

Re: Open a new small claim after a concluded hearing

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

[YeaBuck1418]

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

[Diana M]

Re: Open a new small claim after a concluded hearing

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.

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.

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 . . . .

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

[YeaBuck1418]

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.