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Can claimant reissue the same claim at a later date?

(4 Posts)
FasterThanASnakeAndAMongoose Sat 01-Oct-16 14:24:05

I've trawled the internet and can't seem to find a definitive answer to this.

I'm the defendant in a small claims case. I've had a letter from the court to say that the particulars of claim supplied by the claimant were inadequate. The claim has been stayed and will be struck out if adequate details aren't supplied by X date.

If the case is struck out because of this, can the claimant start a new claim for the same thing at a later date?

If he does supply the particulars and this goes to court, will this reflect badly on him and his case or will it make no difference?

I just want it over with! Any advice/experience would be great. Thanks.

prh47bridge Sat 01-Oct-16 15:50:21

If the claim is struck out the claimant can ask for it to be reinstated. If they do you will be able to object, telling the court why it should not be reinstated.

HereIAm20 Sat 01-Oct-16 17:28:20

If it is struck out they can indeed either ask for it to be reinstated or just reissue fresh proceedings (paying new fees etc).

It can only not be reissued if the case is actually decided!

If it were the other way round and the claimant got judgment because you didn't put in a defence in time you can apply for the judgment to be set aside but have to pay the costs of that hearing.

andintothefire Mon 03-Oct-16 18:51:25

It's a slightly complicated area. Depending on the facts and the reason for why it was struck out, you may be able to argue that it is an abuse of process to bring the claim again. However there have been recent cases where the claimant has been allowed to bring a second claim so you certainly can't rely on them not being able to do so. In a small claims court, it may not be worth spending the time and money arguing that it is an abuse of process.

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