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Product liability/pers. injury small claims - advice for response to the defence pls

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  • Product liability/pers. injury small claims - advice for response to the defence pls

    Hi.┬* I have filed a small claims track claim after suffering a bad cut to my thumb on a product.┬* I received a recall notice shortly after the injury stating┬* that it could cause teh type of injury sustained due to a fault.

    I've just received an email from the retailer's lawyer. I had not give an email address when I filed the claim and it's not one I normally use so I've only just seen this a few days before the defendant's deadline for filing their defence.

    They're asking for a number of things as evidence of my claim (fine - I think as I can provide all these).┬* They have said "Once we have these details we should be able to try to resolve your claim.",

    My question is that they have stated:

    "The Defendant notes that the Claimant does not plead any reliance on the Consumer Protection Act 1987 against the Defendant."

    I did not state any particular legislation in the summary of the claim I filed with the court.┬*

    My question is...did I need to and if so, can I still do this?┬* I had thought that I needed to simply set out the facts of the claim per the MCOL instructions rather than a full Particulars of Claim.┬*

    As a litigant in person, it's also my understanding that the court would not expect me necessarily to be able to cite legislation nor case law.

    My claim is covered by the CPA 1987 as the product defect is not in question (defendant has admitted they sold the defective product at this time but has said they cannot "admit nor deny" that it caused my injury). I believe I'd need to prove that my happened and that injury was likely to have been caused by the product.┬* Perhaps not relevant to my question here, but as background I have proof of purchase., copy of medical notes from GP treating the injury and a recording of a call I made to my wife on the day in which I explain what had just happened.┬* All these were over a month before I the recall notice was issued.

    I plan to respond to the defendant's lawyer to supply the requested evidence in order to comply with the spirit of the Civil Procedure Rules and attempt to settle without taking up the court's time.┬* If that's folly, please let me know!

    Thanks.
    ┬*
    Tags: None

  • #2
    Originally posted by stuartb3502 View Post
    Hi.┬* I have filed a small claims track claim after suffering a bad cut to my thumb on a product.┬* I received a recall notice shortly after the injury stating┬* that it could cause teh type of injury sustained due to a fault.

    I've just received an email from the retailer's lawyer. I had not give an email address when I filed the claim and it's not one I normally use so I've only just seen this a few days before the defendant's deadline for filing their defence.

    They're asking for a number of things as evidence of my claim (fine - I think as I can provide all these).┬* They have said "Once we have these details we should be able to try to resolve your claim.",

    My question is that they have stated:

    "The Defendant notes that the Claimant does not plead any reliance on the Consumer Protection Act 1987 against the Defendant."

    I did not state any particular legislation in the summary of the claim I filed with the court.┬*

    My question is...did I need to and if so, can I still do this?┬* I had thought that I needed to simply set out the facts of the claim per the MCOL instructions rather than a full Particulars of Claim.┬*

    As a litigant in person, it's also my understanding that the court would not expect me necessarily to be able to cite legislation nor case law.

    My claim is covered by the CPA 1987 as the product defect is not in question (defendant has admitted they sold the defective product at this time but has said they cannot "admit nor deny" that it caused my injury). I believe I'd need to prove that my happened and that injury was likely to have been caused by the product.┬* Perhaps not relevant to my question here, but as background I have proof of purchase., copy of medical notes from GP treating the injury and a recording of a call I made to my wife on the day in which I explain what had just happened.┬* All these were over a month before I the recall notice was issued.

    I plan to respond to the defendant's lawyer to supply the requested evidence in order to comply with the spirit of the Civil Procedure Rules and attempt to settle without taking up the court's time.┬* If that's folly, please let me know!

    Thanks.
    ┬*
    you are supposed to plead a clear concise statement of the facts upon which your claim is based.

    Ive seen consumer rights act claims not pleaded as cra claims succced, so i wouldnt worry. i would however clarify that your claim does include the CPA 1987 just to be safe when you reply to their letter
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. 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 need to contact me please email me on Ptilley@wannops.com .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Thank-you very much.┬* I'll do that.┬*┬*

      p.s. No idea why weird characters are appearing in my posts! :-)
      Last edited by stuartb3502; 30th June 2020, 13:32:PM. Reason: added p.s.

      Comment


      • #4
        As a follow up - the MCOL site (which was not available when I posted earlier) shows that a defence has been submitted and that "A bar was put in place for" the defendant.

        What does this mean in terms of my next steps?┬* I had thought they were not replying and would have requested a default judgement had this been the case.

        Now that they have replied (albeit they are not admitting nor settling the claim), what would my timeline be for next steps? I intend to cooperate to try and resolve if possible, but at what stage could I go back to the court if needed?┬* Presumably I'd┬* have to request that the bar is lifted?

        Thanks again.┬*┬*

        Comment

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