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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My question is that may I use small claim court for

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Hi my question is that may I use small claim court for disability discrimination
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I wrote pre Court action protocol letter to the defendant and I want to submit my complaint today
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Customer: replied 8 days ago.
Basically I want to take legal action against my university for disability discrimination and poor service.
I do not want that my claim go to fast track or multi track as the risk will be a lot for me.
I want to claim under 10000 pounds as well.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

Sorry to hear of the dispute - you can issue a small claim, yes. You have already sent the pre action protocol letter of claim which is fine - that should give them 14 days to respond (whether they admit or deny the claim - if they deny it, they must set out reasons why).
You can register at http://www.moneyclaim.gov.uk so that you can issue the claim if they either do not reply or they do and they deny liability. However, if you are on a low income, have low savings or in receipt of benefits you have to use the paper N1 claim form (and the EX160 fee exemption form, for the court fee).
Your claim would be under the Equality Act 2010 if you are claiming disability discrimination. You can claim more - if the case justifies it. In a fast track claim costs are fixed. If it's a multi track case costs are not fixed, which is where a no win no fee law firm should be instructed to give you costs protection if you lose the case.
How much you will be awarded if you win depends on the Vento scale (https://www.equalityhumanrights.com/sites/default/files/quantification-of-claims-guidance.pdf) and injury to feelings - it depends if it was an isolated incident , whether in public, whether you were humiliated, etc.
If your claim is for more then I can list a few law firms for. you - it makes sense to claim what is reasonable in the circumstances as you only have one chance to claim here. If you need the paper N1 claim form (and fee exemption form), let me know. There is a court issue fee which is recoverable if you win (same with the hearing fee if the case gets to the point a hearing is needed).
The scale of fees are at page 5 (and page 7 for the hearing fee) on this link :
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1021895/EX50_web_0921.pdf

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,

Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

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