Can you relitigate

[Moni]

Hi everyone,
I'm new here so be patient. I took a company to court for delivering faulty goods twice, using small claims court asking for a refund. The case was dismissed and the judge in his discussion said the company has to provide me with good of a suitable quality and fit for purpose. I'm now about to complete my allocation quetionaire and I've heard you can't re-litigate. Whats the point of consumer rights and judges comments? Do I carry on or let it go...can't afford a solicitor and no one wants to know ie. consumer direct. Any advice would be great. Thank you

[Caspar]

Re: Can you relitigate

If there has been a final judgment which is no longer the subject of appeal, my understanding is that you cannot relitigate.Res judicita would apply.

However, I would not give up. The court has delivered a judgment so you should have legal redress to be able to enforce this judgment.

Your local Law Centre would be able to give you good quality, free advice, on the best way forward for this.

http://www.lawcentres.org.uk/lawcentres/detail/find/

[Moni]

Re: Can you relitigate

Hi thanks for your comment. The case was dismissed and there was no judgement, only in the disussion at the end,which is not a ruling, just a summing up. Apparently no judge will over turn another case. bad luck my first claim was so poor.So much for consumer rights advice. At a loss now

[Caspar]

Re: Can you relitigate

Try my suggestion of your local law centre.

[CYNthesys]

Re: Can you relitigate

Maybe Ive not read this right, but a bit confused as to why you're completing an allocation questionaire if your claim has been dismissed?
Do you intend appealing?
Have you ordered a transcipt of the proceedings ?

[Moni]

Re: Can you relitigate

Hi, the first case was dismissed. The judge in his discussion at the end said the company still had a duty to suply me with goods fit for pupose.

I believe I lost as we did not have any evidence that the goods were damaged eghotos. Although consumer advice told me that the onus is on the retailer to provide evidence and not the consumer. Also after 2 faulty goods you are entiled to a refund. Hence the first small claims

I did not appeal the case, which in hind sight would have been better. I was advised that if I was not suplied my goods we could go back to court.


Now I'm starting small claims again I'm being advised you can't go back for the same case. Ohhh wished I'd used a solicitor at the start.

[postggj]

Re: Can you relitigate

depends if a defence and aq were exchanged

cpr 38.7 comes into play

[Moni]

Re: Can you relitigate

depends if a defence and aq were exchanged

cpr 38.7 comes into play

You'll have to explain aq and cpr please thank you

[Celestine]

Re: Can you relitigate

AQ = Allocation questionnaire. A form sent out by the court, usually 2-3 weeks after a defence has been submitted to decide what track the claim should be heard in. Small claims track (under 5k), Fast track or multi track (higher value claims or complex legal matters).

CPR= Civil Procedure Rules. Rules set down which the parties should abide by. e.g. the sending of prelim and LBA letters to notify a party of your intent to take legal action.

CPR 38.7 pertains to discontinuance and subsequent proceedings


Discontinuance and subsequent proceedings

38.7
A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a)he discontinued the claim after the defendant filed a defence; and

(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[Moni]

Re: Can you relitigate

Why would anyone want to study law ? the more I read the more compliated. So glad I stuck to science. Thanks for thr info.have to do some back ground reading.

[Moni]

Re: Can you relitigate

CPR 38.7 pertains to discontinuance and subsequent proceedings

Done a bit of reading.
I decided to walk away....loose my money...and not have the stress. Spoken with my recently graduated law students who have asked around at work...basically the feeling seems to be...if you go back to court, it depends how the small claims Judge is feeling on the day. 50-50 chance. Bearing in mind the cost of getting to court.
So told the defandants solicitor I want nothing more to do with the trader....Written to the court saying I am not completing my allocation quetionairre...

Ha ! didn't know I needed to send off any discontinuace bumpf....ohh should be interesting....
Don't care anymore......shall be leaving my reviews about the trader where I can and am walking away.

Should have used my legal protection on my home insurance. Without a solicitor...not worth the stress. Seems we are going down the Americano route when it comes to litigation.

Nice Forum by the way