JoelP
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| posted on 18/1/07 at 11:52 AM |
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Point of law
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!
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chockymonster
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| posted on 18/1/07 at 11:56 AM |
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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.
PLEASE NOTE - Responses on Forum Threads may contain Sarcasm and may not be suitable for the hard of Thinking.
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mookaloid
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| posted on 18/1/07 at 11:59 AM |
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As above - Correct as I understand it.
Cheers
Mark
"That thing you're thinking - it wont be that."
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flak monkey
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| posted on 18/1/07 at 12:17 PM |
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Correct, had a lecture on it last week infact!
David
Sera
http://www.motosera.com
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ricklawn
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| posted on 18/1/07 at 12:29 PM |
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i agree with all the above and the more evidence you get the better. good luck
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pewe
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| posted on 18/1/07 at 04:50 PM |
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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
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JoelP
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| posted on 18/1/07 at 07:15 PM |
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cheers all. Its a big insurance company, so if they dont pay i can have some fun with the baliffs! 
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UncleFista
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| posted on 18/1/07 at 07:25 PM |
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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)
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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indykid
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| posted on 18/1/07 at 07:59 PM |
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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
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Avoneer
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| posted on 18/1/07 at 09:18 PM |
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And me and Tom have just been there!
Pics and loads of evidence are the only way to go.
Pat...
No trees were killed in the sending of this message.
However a large number of electrons were terribly inconvenienced.
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JoelP
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| posted on 18/1/07 at 09:27 PM |
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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.
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