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Non response in court case?

(9 Posts)
eviscerateyourmemory Thu 11-Nov-10 17:36:48

I was involved in a traffic accident where the other party disputed liability, so I have had to sue them for my uninsured costs.

The court application was made, and I have just had a letter from my lawyer saying that the other party did not respond to the court action, and that they have now 'applied to obtain decree'

I have done some interent searching but cant work out what it means - does this mean that I have won and that I will now get the amount that I sued for, or could it be more complicated than that?

The case is in Scotland if that maked any difference, and I think that the amount incolved would put it in the small claims court.

STIDW Thu 11-Nov-10 18:09:18

Court procedures in Scotland are rather complicated but in a nutshell it seems the other side have not responded to an intimation of the application so the solicitor has now applied for a court order.

eviscerateyourmemory Thu 11-Nov-10 18:34:14

Thanks STIDW. Does that mean that I have won my case, or could it still be challenged?

eviscerateyourmemory Thu 11-Nov-10 19:16:55

Does anyone know? smile

eviscerateyourmemory Thu 11-Nov-10 20:35:50

final bump smile

iheartdusty Thu 11-Nov-10 20:44:38

in England it would mean that it could only be challenged if the other side got permission from the judge to cancel ('set aside') the decree ('judgment').

sometimes it is for a definite amount, sometimes there has to be a further court date to work out how much you would get.

HTH - I don't know the procedure in Scotland.

nottirednow Thu 11-Nov-10 20:49:00

Message withdrawn

eviscerateyourmemory Thu 11-Nov-10 21:24:02

Thanks for that. It sounds like this is a positive step at least. smile

mummyinlaw Fri 12-Nov-10 10:54:20

If it is the same in Scotland as here in England, you should be able to get basic advice from the Court office staff on anything you don't understand - particularly if the case is below the small claims limit as the procedure, certainly here in England anyway, is designed for people to act without legal representation. The Court service in Scotland may also, as we do in England, have a series of information leaflets to download from their website which may answer your questions. Good luck.

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