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> This has set a basic precedent I would note that technically the small claims court in the UK does not set precedents. That would be the function of a higher
by mnw21cam 3y ago
> This has set a basic precedent
I would note that technically the small claims court in the UK does not set precedents. That would be the function of a higher court.
- FerretFred 3y agoHard to believe that it actually reached the Small Claims Court, let alone succeeded! Well done that person!
- rahimnathwani 3y ago> Hard to believe that it actually reached the Small Claims Court It's easy to file a small claim in the UK. More info on the process for England & Wales here: https://www.gov.uk/make-court-claim-for-money https://www.gov.uk/make-court-claim-for-money > let alone succeeded! The article is light on details, but it sounds like the parties settled before any hearing or ruling.
- b112 3y agoIn Ontario, Canada, part of the small claims process is a pre-trial conference, with a retired judge moderating. Further, nothing disclosed may be used as part of the trial. Its goal is to help with an amicable settlement. More info: In small claims, lawyers are not forbidden, but they may only speak for their client, and their client must be there, or present remorely, listening and ready to accept offers or deals. And if lawyers use legalese, the residing judge must explain to you what is being said, and will look unfavorably at the lawyer for not speaking plainly, and wasting everyone's time. Technically lawyers are not allowed as lawyers, but accommodations must be made for a company 1000s of km or more away. Someone must speak for them.
- rahimnathwani 3y agoDid you intend to reply to a different comment?
- b112 3y agoNo! My comments re: Ontario pre-court conference, were meant to highlight a reaspn why this might have been settled before small claims coirt. I suspect a similar thing happens in the UK, and that forced conference ensures companies must hear reasoning, arguments in full before the case. In Ontario, it's very informal. You just talk. The retired judge only intercedes if it becomes heated, or runs long. It helps solve things.
- rahimnathwani 3y agoMediation is offered in the UK, in the hope that it reduces the number of cases that proceed to a hearing. I don't know whether it was used in this case.
- solarkraft 3y agoHow so? I thought a precedent was just any case that has been ruled in a certain way, irrespective of the court it has happened in.
- adw 3y agoNot all courts have the power to set precedent. Small claims courts in England don’t.
- deleted 3y ago[deleted]
- j45 3y agoThe way it's been explained to me is precedent is often referring to rulings that start with the similar courts geographically to other ones.
- mnw21cam 3y agoIt's not that simple either. Common law jurisdictions often use rulings at higher courts in completely different countries (as long as they are also common law jurisdictions) as precedent if it helps come to a suitable judgment.
- j45 3y agoAbsolutely. Depends on the court, country, and how relevant it might be. A friend recently walked me through the order of precedent for one area of law
- nickff 3y agoIt seems like this court does not have the authority to set ‘legal precedent’, though colloquially it has ‘set a precedent’ in the sense that it did something for the first time.
- rahimnathwani 3y agoThere was no ruling. The parties settled.
- justinclift 3y agoThe article also says that ASUS settled too: Timothy provided us with documentation of the court case and proof that ASUS has settled. Isn't that fairly common when companies don't want a verdict to happen, as they expect to lose?