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Point of law
JoelP - 18/1/07 at 11:52 AM

just a quickie for anyone who knows. Civil courts decide on the balance of probability whereas criminal courts must decide beyond reasonable doubt. Correct? Just trying to decide whether or not to take my motor claim to the small claims court, i can prove to probability but not beyond reasonable doubt.

Cheers!


chockymonster - 18/1/07 at 11:56 AM

You're correct.
In a small claims court the judge will listen to both sides and work out who is telling the truth and award it to them. The more of a paper trail you have to back up your side of the story the better.


mookaloid - 18/1/07 at 11:59 AM

As above - Correct as I understand it.

Cheers

Mark


flak monkey - 18/1/07 at 12:17 PM

Correct, had a lecture on it last week infact!

David


ricklawn - 18/1/07 at 12:29 PM

i agree with all the above and the more evidence you get the better. good luck


pewe - 18/1/07 at 04:50 PM

Two other things to be aware of are that :-
1) achieving a result in your favour doesn't necessarily mean you'll be paid. If the party you're taking to court can't or won't pay your remedies are limited. 2) SCC only applies to England so if they are North of the Border forget it.
Cheers, Pewe


JoelP - 18/1/07 at 07:15 PM

cheers all. Its a big insurance company, so if they dont pay i can have some fun with the baliffs!


UncleFista - 18/1/07 at 07:25 PM

quote:
Originally posted by JoelP
cheers all. Its a big insurance company, so if they dont pay i can have some fun with the baliffs!


If it's an individual up against a large company, the company usually has to travel to the individual's local court.

I say go for it, if nowt else you'll cause 'em some hassle, you can even do it online

Money Claim Online website (courts service)


indykid - 18/1/07 at 07:59 PM

quote:
Originally posted by UncleFista
quote:
Originally posted by JoelP
cheers all. Its a big insurance company, so if they dont pay i can have some fun with the baliffs!


If it's an individual up against a large company, the company usually has to travel to the individual's local court.



which is fine, unless you lose and they award them costs.

make sure your case is absolutely watertight, cos i bet they've got better lawyers than you!

tom


Avoneer - 18/1/07 at 09:18 PM

And me and Tom have just been there!

Pics and loads of evidence are the only way to go.

Pat...


JoelP - 18/1/07 at 09:27 PM

all i have is two different reports of the accident, only advantage to make mine believeable is that his is full of factual errors like maps drawn wrongly etc. Plus of course his is a complete fabrication.