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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25988
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Referring to Claimonline (in the County Court) is a local council

Resolved Question:

Referring to Claimonline (in the County Court) is a local council a government department ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you able to very briefly advise what you are seeking to claim for against the council please?

Customer:

The claim relates to damage to a property following work carried out under a Block Repair Scheme funded by the Welsh Gov. Due to a larger than unexpected legal bill I will now be a Litigant in Person but before lodging the claim on Friday 6th March I enquired of Salford County Court whether I could use the Claimonline service. I had read the court advisory documents and noted that it was said that this is not applicable for claims against Government departments. I had hoped to get my claim to the Court before the cost increase on 9th March but did not succeed and so have to go through the process again. I now need an answer as to whether I can take advantage of the lesser costs under Claimonline or whether I have to agree to pay the higher amount when documents are submitted in the usual way.

Joshua :

thank you. A local council is not a government department and can be sued in the county court. The reason I asked the above question was that certain decisions of local authorities cannot be sued for, such as decisions they make on planning permissions and so on but there is no difficulty with pursuing a local authority for loss you have suffered where they are liable.

Joshua :

A local authority can be sued just like any other and should be named using the councils full name on your N1 claim form if issuing on paper or in the Defendant's box if issuing online.

Joshua :

is there anything above I can clarify for you?

Customer:

That's fine thanks very much. At least I can save a bit of money.

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