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Prejudice with regards to multiple small claims court claims..?

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  • Prejudice with regards to multiple small claims court claims..?

    Hello all,

    I'm new here, but have had a good search through the various forums and elsewhere online, but have been unable to find much advice relating to instances such as this...

    Unfortunately, the nature of this means that I can't be too specific here, but hopefully I can provide enough information for someone to give their advice.

    About a year ago, a number of items of stock from my business were seized by a government authority. Their investigation found no evidence of wrongdoing (which there wasn't!), and they therefore concluded, obviously, that they weren't taking any action. Eventually (after several demands and quite a period of time), the stock was returned, having depreciated massively. Their actions also led to a less of business reputation, goodwill and so forth (long story!)

    A full claim for the depreciation, loss of income, damage to reputation, etc will be large, time-consuming and costly to instigate (amount would be well above the small claims court limit).

    So my question is this - can I begin proceedings in the small claims court for a specific amount (say £300) for just the depreciation on one item of stock (ignoring everything else)? Whether this case was won or lost, would it prejudice a future claim for the other losses? My thinking is that by submitting a small claim, the authority in question will either accept liability and pay the relatively small amount (which might be helpful evidence as an admission for a future, larger claim), or they will defend the amount (in which case I get to learn what their defence is likely to be). However, if by submitting this small claim, that will be seen as full and final settlement, then obviously I won't be able to go along with this plan.

    I appreciate that is a bit of a long-winded post, but hopefully you can get the rough gist of the question!

    Thanks

  • #2
    Re: Prejudice with regards to multiple small claims court claims..?

    Repeatedly returning to court over what is essentially the same matter will not be permitted as an abuse of process & if you tried the defendant would object seek to have your claim struck out with indemnity costs & you may be adjudged as a vexatious litigant & banned from bringing any other future claims without the courts prior permission

    Best compile your claim & as your taking on a government agency speak to a public law specialist
    ------------------------------- merged -------------------------------
    Also remember for them to succeed in defeating your claim they only have to claim that they acted in good faith AND good faith can be a very subjective thing
    Last edited by righty; 30th June 2010, 00:28:AM. Reason: Automerged Doublepost

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