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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2801
Experience:  Solicitor at BLM
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If I accept an out of court settlement as a counterclaimant,

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If I accept an out of court settlement as a counterclaimant, does it stop me taking further legal action on the same issue
JA: Where are you? It matters because laws vary by location.
Customer: Canterbury
JA: What steps have you taken so far?
Customer: Have a telephone small claim hearing 11th June been offered a settlement but wish to take legal action later because think case is far more serious now bundles have been exchanged
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not at present

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays but rest assured that I will respond within 24 hours.

If you accept an out of court settlement for your counter claim you can bring back to court as this can be deemed an abuse of the court process. Therefore your subsequent claim is at risk of being struck out.

I hope I have clarified the position.

Thanks and stay safe.

Customer: replied 10 days ago.
Thank you.If I WITHDRAW my counterclaim will it stop me from taking future legal action in a higher court because after seeing the other sides witness statements i think it is a far more serious case

Yes you may be precluded from further court action if you withdraw your counter claim.

The court rules permits you to amend your counter claim. Therefore I suggest you consider instructing a solicitor ASAP to assist you with regards ***** ***** your documents and making the necessary application to permit the court accept the revised claim you wish to make.

I hope I have clarified the position.

Thanks and stay safe.

Customer: replied 10 days ago.
If I amend my counterclaim in the small claim court, can I ask for it to be heard in a higher court because it takes it above the small claims court authority

Yes you can do so and this can be done at the same time you amend the counter claim.

I hope I have clarified the position.

Thanks

Customer: replied 9 days ago.
Many thanks The company that I am counterclaiming against are appearing in court in September on similar offences and criminal charges .Can I refer to these charges in my hearing to support my claim?

Unfortunately i cant advise on your follow up as i do not have full knowledge of the case therefore i dont know the implication of your requested action. However i suggest you instruct a solicitor to review the full file on the case with a view of advising you on your follow up.

Thanks and stay safe.

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