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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20343
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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judicial economy

Customer Question

My civil case in UK courts involves several claims. Do I need to explain why I want the court to make a decision on every claim rather than apply judicial economy and will they follow my instruction? I will not be happy if the defendant is allowed to escape censure on any one of the claims though my reasons are not merely punitive.

Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.





Unless I have all the facts that I need, my answer
would not be accurate.



I need the full background details please. Thank
you



Customer: replied 1 year ago.

To be clear, this is a civil case involving various torts etc. My question is deliberately general because you cannot be specific. Is judicial economy entirely at the courts discretion or can the litigant influence the courts decision by making it clear that it is not appropriate in their case? The fact that you are requesting details suggests the litigant can present a case against the use of judicial economy in relation to their claims when submitting the directions questionnaire. I would like the court to indicate that they will not apply judicial economy because that would increase the chance of reaching a settlement pre hearing. There are good reasons for doing so in my case. I am trying to establish whether this is realistic. I guess there are precedents in relation to the use of judicial economy in civil cases and if so can you quote some sources that I can review online ideally? Is its application governed by some guidance notes etc that can be read by litigants?

Expert:  Stuart J replied 1 year ago.


If for example you issue
several claims against the same defendant to keep it in the Small Claims Court,
the court is likely to lump them all together and move them out of Small Claims
Court.

If there is only one defendant
and all the claims revolve around the same series of events then it is one
piece of litigation even though there may be several heads of claim/damage.



It really depends on the view
the judge takes as to whether it should be a series of claims or whether it is
one claim with several heads.



If you let me know the
circumstances I can give you my opinion.



Researching extensive
specialised case law is beyond the scope of this site and a barrister will
charge you about £250 per hour for such research or between £600 and £1000 plus
VAT for an advice

Customer: replied 1 year ago.

 

It is definitely not [a]. All claims will be heard together as they are all closely related and do revolve around the same series of events. The question is whether the litigant can influence the judge’s decision by presenting the case against the use of judicial economy when commencing proceedings or later. By that I mean the court only giving a decision on one of the claims presuming that would satisfy the claimant. I assume they might do this on the basis that if the claimant wins just one claim then they will be deemed to have won the others.

Expert:  Stuart J replied 1 year ago.

I am unable to take this further without detailed facts.

You seem to know the answer that you want and I cannot give it to you I am afraid.

I am going to opt out of this for another expert to consider.
Please do not reply or it comes back into my inbox. Another expert will pick it
up at some stage. It is now open to all experts.



 

Expert:  Wendy-Mod replied 1 year ago.
Hello,


I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?


Please let me know if you wish to continue waiting or if you would like for us to close your question.


Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Taxes, Cars, Finance, Tax, to Home Improvement, and more.


Thank you,
Wendy
Customer: replied 1 year ago.

Yes I would like an answer but please remove that part of my reply given on 18/06/13 that starts "For instance if it can be proven." I gave too much information there in response to what I consider was the expert's unreasonable request for "full background details".


 


The expert appears to have been answering a different question. The question is framed such that it asks for general principles of law in relation to this issue albeit with particular regard to a civil case. That is the primary purpose of this site according to the disclaimer. I was also having regard to the needs of others who might then find the answer relevant to their case. It seems unnecessary and inappropriate to require detailed facts to give a general answer or even an expert opinion. If an expert needs further facts in order to provide an answer then they really ought to explain why and what facts they need to know. Experts should always attempt to answer the question based on the facts given even if none are given though that will require caveats. The disclaimer makes it clear that answers are not legal advice.


 


The comment that I seem to know the answer that I want seems inappropriate. It is surely acceptable for someone to ask whether their understanding is correct. I asked the question because I am unsure whether it is correct not because I want someone to praise me for having a good understanding of the situation if indeed I do or because I might want someone to give me what I consider to be the correct answer.


 


I suggest you abandon the feature that gives experts the opportunity to indicate whether or not they agree with other experts unless they too are able to explain why they agree and such that they can only indicate if they agree on the proviso they explain why they agree. As it is that feature gives the impression that the experts are taking sides against the customer.

Expert:  Wendy-Mod replied 1 year ago.
Thank you for the additional information. I have edited your question as requested. We will continue our search.

Thank you for your patience.

Regards,
Wendy
Customer: replied 1 year ago.

It is my understanding that the judge would take account of the circumstances and the litigant’s wishes. The expert suggested that may be the case though not clearly. The expert may be suggesting that the judge will make one decision covering all the heads. Do not worry too much about finding an answer as in some situations there isn't one. Don't go to any trouble. I will also react to events as they unfold, que sera sera. Thank you. I will try to ask better questions.

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