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Small claims, open up claim?

6 replies

Butwhhhyyyyyyy · 18/06/2020 11:04

Hi, sorry to be vague butn dont want to out myself. Approx 18 months ago I was bullied/coerced (bullied for many years) into discontinuing a claim against an individual in the small claims court, claim was for £18,000 +.

My MH is now significantly better and I would like to know if this claim can be reopened without having to do another claim, for info the 6 years in which to claim end in September.

If anyone can answer this I would be very grateful.

OP posts:
Parky04 · 18/06/2020 11:12

You would have to start again but the Small Claim limit is £10k. You would have to issue in Fast Track if your claim is in excess of £10k.

Butwhhhyyyyyyy · 18/06/2020 19:06

Hi, thanks for the reply, yes it was issued in fast track, does this make a difference, can I not write to the court to ask for it to be reopened? I don't have another £1000 to start another case.

OP posts:
MooseBeTimeForSummer · 18/06/2020 19:07

Was the case simply adjourned or withdrawn? What did the final court order say?

prh47bridge · 18/06/2020 20:52

If it was discontinued under CPR38 and the defendant had filed a defence you need the permission of the court to make another claim against the same defendant using the same facts. If that is the situation you cannot simply write to the court and ask for the case to be reopened.

Butwhhhyyyyyyy · 23/06/2020 12:14

Thank you. I think may have to leave it for now

OP posts:
Butwhhhyyyyyyy · 23/06/2020 12:15

Posted too soon, have to leave it for now as I don't have £1000 to start another case, would I have to pay this again does anyone know?

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