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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.
Hello, I am Law Denning and I am a practising solicitor in a HighStreet 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 questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Unless I have all the facts that I need, my answerwould not be accurate.
I need the full background details please. Thankyou
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?
If for example you issueseveral 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 ClaimsCourt.
If there is only one defendantand all the claims revolve around the same series of events then it is onepiece of litigation even though there may be several heads of claim/damage.
It really depends on the viewthe judge takes as to whether it should be a series of claims or whether it isone claim with several heads.
If you let me know thecircumstances I can give you my opinion.
Researching extensivespecialised case law is beyond the scope of this site and a barrister willcharge you about £250 per hour for such research or between £600 and £1000 plusVAT for an advice
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.
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 itup at some stage. It is now open to all experts.
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.
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.