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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4985
Experience:  Solicitor
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LEGAL I submitted a claim in the small claims court and I

Resolved Question:

LEGALI submitted a claim in the small claims court and I had judgment entered against the defendant when they failed to return their questionairre. They later managed to have the judgment set aside. That was back in June and I didn't hear anything from the court since. I therefore assumed the case was dead so I re-issued the proceedings as new proceedings in the same terms as the previous. I was then advised that the previous case was just filed but not dead and I now have two similar cases running. I don't want to discontinue either case because I will then have to pay the defendant's costs under CPR 38. Can I ask the court to consolidate the two cases as one claim?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Is it a claim on the same grounds?

Customer: replied 1 year ago.
Hi Jamie,Yes it is. Because the first claim was simply filed for 3 months and I heard nothing back from the court I issued exactly the same claim thinking the first had been quashed.
Expert:  Jamie-Law replied 1 year ago.

OK - the second one is an abuse of process because you are re-issuing on an existing claim. The Court wont consolidate it, because that would mean there are 2 claims in 1 running.

There are not 2 claims, it can only ever be 1 claim so as such your only option is to discontinue. The other side may let you without costs.

But sadly all you can realistically do is discontinue.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No that's fine. Thank you for your kind assistance.
Expert:  Jamie-Law replied 1 year ago.

All the best.