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Omitting an element of your claim

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  • Omitting an element of your claim


    As a claimant could I omit part of my claim and reduce the value after it's been submitted to the courts?
    I feel the element of my claim in question is causing much contention between myself and the defendant and I just want a quick resolution or it could go to trial next year. (Date window has been set) I've heard of the term 'Discontinuing' but not sure if what I'm asking is the same thing? Have I the right to bin an element of my claim and continue with the rest of my claim please? I'm covered by motor legal cover so not sure what I would be liable for, negotiations haven't commenced.
    Thankyou in advance.
    Tags: None

  • #2
    You can make an application to amend your statement of case at a cost of £255.

    If you discontinue then you couldn’t bring another claim about the same matter.

    Another route is if the other parties agrees they are liable for all the other issues is that you agree by consent order to settle the claim. You’d simply settle the claim agreeing the bits they agree to and discontinuing the bit you want to withdraw. £100 to seal the order

    The cheapest method if it’s a small claim is by far to agree to settle at Small Claims mediation. It’s an agreement that’s legally binding on both parties, allows you to do what a consent order does and it’s free.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Thankyou for taking the time to reply to me Jaguarsuk it's much appreciated.

      Comment


      • #4
        Also, just to say, it's not being dealt with by the small claims process.

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        • #5
          Okay, then much more detail about what is being claimed and what redress you are seeking would be required to give a full answer?
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment

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