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Tort in the small claims court?

Tort in the small claims court?

Postby Spankymonkey » Tue Oct 11, 2016 2:41 pm

I'm just wondering how likely it would be that a claim for false imprisonment, assault or battery would be heard in a small claims court. Highly unlikely?

Let's say hypothetically that you had conclusive video evidence of an assault, and were asking no more than £1000 compensation, but the defendant refused to accept liability and just ignored any further communication after rejecting your letter of claim. Would this immediately be allocated to the fast track?

What kind of representations could you possibly make to keep it within the small claims track? Is it even possible to get some kind of allocation hearing in advance of the decision being made?

I can find plenty of instances of trespass being heard in small claims, due to the nominal compensation, but hardly any instances of more serious claims such as false imprisonment.
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Re: Tort in the small claims court?

Postby atticus » Tue Oct 11, 2016 6:13 pm

Look at the principles in CPR 26 and Practice Direction 26 (particularly 26.8).
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Re: Tort in the small claims court?

Postby Spankymonkey » Wed Oct 12, 2016 11:46 am

Thank you.

c) Cases generally suitable for the small claims track will include consumer disputes, accident claims, disputes about the ownership of goods and most disputes between a landlord and tenant other than opposed claims under Part 56, disputed claims for possession under Part 55 and demotion claims whether in the alternative to possession claims or under Part 65.

Sadly no mention of tort.


(d) A case involving a disputed allegation of dishonesty will not usually be suitable for the small claims track.

Does that mean you can sued elsewhere for dishonesty? Do the newspapers know?
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Re: Tort in the small claims court?

Postby atticus » Wed Oct 12, 2016 1:43 pm

A claim that is not allocated to the small claims track will be allocated to one of the other tracks.
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Re: Tort in the small claims court?

Postby Spankymonkey » Wed Oct 12, 2016 4:03 pm

A claim for dishonesty would be heard in the fast track or the multi-track? Really?
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Re: Tort in the small claims court?

Postby atticus » Wed Oct 12, 2016 4:17 pm

Really.

That question suggests a misunderstanding of the multi track. It is for all cases from the quite big upwards. The humungously big cases worth several Donald Trumps are dealt with on that track.

Claims for dishonesty can concern a matter of pennies, and they can concern billions. There is no one size fits all approach.
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Re: Tort in the small claims court?

Postby atticus » Wed Oct 12, 2016 6:19 pm

Accident claims are tort claims, by the way.
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