Classic case of how not to prepare a claim!

This week one of our clients appeared in the Gloucester County Court to face a claim for the cost of rectifying substandard work in relation to the conversion of a van to a “High-Top Roof”. Suffice to say the claim was hotly contested.

After hearing the evidence the Judge explained to the Claimants that the burden of proof was on them.

He then went on to note that they had failed to give our client a reasonable opportunity to inspect the van, particularly given their offer to pay the Claimants travel and accommodation expenses.

It was found that the Claimants had taken the alternative and incorrect course by not allowing the possibility of repair or replacement, which was fundamental and fatal to their case.

Furthermore, the Judge found there was a distinct lack of evidence and commented that the Claimants had failed to “get their ducks in a row”.

Since the Claimants had failed to make out their claim it was dismissed and our client was awarded travel expenses. As a small claims matter, the no cost rule applied. 

What was particularly shocking was that the Claim had been prepared by a firm of solicitors!

Lawgistics Members can get advice on County Court Claims by calling the legal helpline 01480 455500.


Authors: Howard Tilney

Published: 05 Jan 2016


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