Small court claim how do you write a claim particular?

[R0b]

Re: Small court claim how do you write a claim particular?

I agree that this will be a struggle to find a cause of action.

I can only imagine that the solicitor was talking about a breach of Article 1 of Protocol 1 to the EXHR:

(1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.(2) The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Problem as I see it is that the police had the statutory right to seize the vehicle and that this would have been sufficient to satisfy the qualification contained in Art 1 as well as Art 2.

Hmm I thought about right to peaceful enjoyment, but wasn;t sure how it could be applied if an offence had been commited - EU case law says that failure to return does breach right to peaceful enjoyment CASE OF LUKAVICA v. CROATIA 2007. Not yet able to find something similar as regards to UK case law but will maybe have a look tomorrow.

[stevemLS]

Re: Small court claim how do you write a claim particular?

It's far too late for me to be looking up case law, it's all foreign to me anyhow (even the attempts at humour are shit at this time of day).

OP - whilst I know they are not giving you reasons that are acceptable, what exact reasons are they giving.

I can't see any reason at all why a solicitor advising you in a complaint against the police wouldn't be able to deal with this aspect of the matter.