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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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Hi, I have someone who wants to take me to small claims court

Resolved Question:

Hi,
I have someone who wants to take me to small claims court over a copyright infringement but I suffer from agoraphobia and anxiety disorder. There is no way I would be able to attend court. What is likely to happen?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Are you proposing to defend the proceedings?

Do you have a solicitor to act for you?
Customer: replied 3 years ago.

I admit the infringement so I'm not proposing to defend. I just consider the level of damages being claimed to be unreasonable.


 


I do not have a solicitor.

Expert:  Alice H replied 3 years ago.
Hi Mike

You can admit the infringement on receipt of the claim form and particulars of claim.

But if you are challenging the amount due (known legally as 'quantum') then there will normally be a hearing to assess this sum.

At the hearing, which may be many weeks in the future, the Judge will way up the loss caused by the infringement and make an award.

You can submit evidence in writing but its very difficult to oppose a case and/or make submissions without being present.

Happy to discuss further.

Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 3 years ago.

So, you're saying the courts make no allowances for defendants unable to attend court due to a disability?

Expert:  Alice H replied 3 years ago.
There is some leeway. But of there is a hearing then parties are expected to attend. If you cannot attend then you can submit medical evidence and ask to be excused. But bear in mind that if you're not present you will not hear the submissions being presented and therefore will not be able to properly respond. One way round this would usually be to instruct a lawyer to appear on your behalf.

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