The law is not an exact science

legal updates

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In this time of balmy weather, I thought I’d take a meander down the legal road, sunscreen slapped on, and a hat covering my bald patch.

Just a few thoughts on things that us legal advisors take as a given, but lay people, such as our members, don’t always know or consider as relevant.

The overriding mantra of almost any case is: “Don’t let the court decide.”

For many, this will make you step back and ask: “Why? I demand my day in court!” The answer is because during negotiations, we are all playing the percentages. What is the most likely outcome if we go to court? We then consider offers based on that likely outcome.

If a case is going to go either one way or another, you will get 100% or 0% at a hearing depending on which version of events given in evidence the judge prefers; so settling at 50% can be a quick and just solution that allows everyone to move on.

Similarly, if you are very likely to lose, then a cheeky offer that gets accepted is a win.

We have all had surefire winners fail due to the smallest issue, but equally, we have all won cases that we had no right to.

But when we step back from the percentages and step forward into the courtroom, we are at the mercy of the judge, and we have one attempt to put forward a case convincing them that we are right.

And, there are various factors that can make this a walk on the wild side…

Judges tend to be solicitors or barristers who work as judges for part of the time, only when they make it to the top echelons of their profession do they become full time judges. The judges, in their private practice, maybe family lawyers or employment lawyers, and not completely au fait with the nuts and bolts, pun intended, of the case before them. I am not saying that they know nothing, as they know the law and will have some experience, but nuances can get missed and a decision reached that nobody expected.

HaswentWebsites for dealers small and large

Composer is a next-gen automotive platform that has been designed from the ground up to give you an intuitive way to promote your stock. You have extensive stock management options, and you'll gain a brilliantly responsive new website to advertise your stock, starting at just £39.99/month.

Equally, the decision may be based upon subconscious biases. If the judge argued with their partner that morning, they may be in a bad mood and less willing to listen to your reasoned argument. Similarly, your case against a young lad with a modified Audi may swing your way because the judge was cut up on the way into work by a different young lad in another modified Audi.

Ultimately, the judge has to decide based on the evidence before them. Sometimes there is good, sound evidence that allows the judge to follow a path to the obvious result, but other times, it may  simply be the judge feels one witness is more believable than another or perhaps there is something they can’t necessarily put their finger on, but the evidence just feels right to them.

So, by all means, have your day in court. But bear in mind, you won’t always get the decision you expected or hoped for and that the percentages should never be discounted.

Darren FletcherLegal AdvisorRead More by this author

Related Legal Updates

Time is Money – Pay Attention!

Whether the court has made a mistake that impacts your case, or if the postman has lost your court paperwork, as soon as an issue arises, action is needed.

SHOCK & HORROR! A finance company seeks to influence an expert opinion!

Any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed.

Petty Grievances

Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion.

Default Judgments & Set Aside Applications – When is late too late?

This article explores the complexities and urgent timing needed to set aside default judgments in County Court, highlighting the importance of prompt legal action.

Why a good defence is essential

Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

It pays to take professional advice on a court claim

Experience remarkable savings and expert legal support for your motor trade business with our competitively priced services.

Proceed with caution: legal pitfalls in caravan and motorhome deals

Curious if one of these vehicles is in your possession? Verify your stock and arm yourself with essential legal knowledge to navigate any potential challenges.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.