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Hi,
Can someone give me a thumbnail sketch of:
1. Particulars of case
2. Statement of case
3. Statement of facts
4. Particulars of claim
5. Witness statement
I think some of these are the same which is confusing me. What docs are in a simple claim and how does list expand?
Also, am I correct in thinking that county council is not a government department and so I can use MCOL or the new version when bringing a claim against the council? Or is better to stick to paper and putting these in at my local county court?
FYI the claim is about a tree on some land. This tree has undermined my wall, heaved it up and it now leans by 25cm at the top. This land I think is legally highway so I think county council is thus responsible for this tree and thus liable for my wall. I've put the arguments, legal and historical back to 1834, that the land is highway but council won't reply (been 7 months). Hence I think small claims is only solution. I think judgement is 2 parts, is land highway? Did tree tip over my wall? Second one is pretty obvious as tree has ground roots and wall is dry-stone so no footings.
Can someone give me a thumbnail sketch of:
1. Particulars of case
2. Statement of case
3. Statement of facts
4. Particulars of claim
5. Witness statement
I think some of these are the same which is confusing me. What docs are in a simple claim and how does list expand?
Also, am I correct in thinking that county council is not a government department and so I can use MCOL or the new version when bringing a claim against the council? Or is better to stick to paper and putting these in at my local county court?
FYI the claim is about a tree on some land. This tree has undermined my wall, heaved it up and it now leans by 25cm at the top. This land I think is legally highway so I think county council is thus responsible for this tree and thus liable for my wall. I've put the arguments, legal and historical back to 1834, that the land is highway but council won't reply (been 7 months). Hence I think small claims is only solution. I think judgement is 2 parts, is land highway? Did tree tip over my wall? Second one is pretty obvious as tree has ground roots and wall is dry-stone so no footings.
