03 May 2016

A question about : Small Claims Court

I have submitted a claim to take Tesco to the Small Claims Court. It is a simple case they said they would refund and they haven't. I want to blog about the case before it is heard, would this be stupid and should I wait until after the case?! I don't really see why it should go against me as it's just my side and they can always respond but I'm aware that it could jepordise the case. How long after submission does it take to get to Court?
Thank you

Best answers:

  • Why do you feel the need to publicise when it may go against you?
  • If they defend the claim, and you decide to carry it all the way to a hearing (which you have to pay for, but get this cost added to your claim if you win) it can take 4 to 6 months from the original issue date.
    Why not wait till the matter is concluded before blogging it - you might end up with egg on your face!
  • As I said, I'm aware that it could scupper the case so am wary of doing it and so the question is about legality not whether I'll have egg over my face, that I can cope with because the Blog is humorous and I can easily write a piece about losing although extremely unlikely. I want to know if it goes against you in court blogging about it before the case, just want to do it to give them bad publicity! See their timeline on Twitter!
    Thank you to anyone with legal background who can give definitive answer.
  • It's not illegal. Assuming it's all true!
  • I know it's not illegal! But yes Antrobus that is my concern hence posting the question. Thanks I'll wait for someone from CAB to know whether this is the case.
  • CAB won't give you free legal advice here!
    You need to see a solicitor if you want an answer you can rely on in court!
  • I do wonder if small claims is the most efficient way to deal with this, Tesco are far from perfect but if you speak to the right person most things can be sorted quite quickly. OP, have you spoken to a manager, or someone at head office? Did you issue a letter before action?
  • How did you pay? If via credit card you could talk to your provider about a s75 claim.
  • With little info to go on a blog could very well be classed as libel. If Tesco fight and win then the blog could see you end up in their legal teams sights.
  • I'd be interested in information about the case.......
  • I don't think it would affect your case. Given the number of articles written about Tesco everyday I doubt they would notice anyway.
    The only thing to be careful of is that if Tesco wins the case, then if you have slated Tesco in a blog the judge is more likely to make you pay Tesco's legal costs.
    Remember that being "promised" a refund legally does not mean anything. The issue is whether you were entitled to a refund in the first place, not whether someone at Tesco said you should get one. Do be careful.
  • Should it end up in court then some courts will take a dim view of you trying to affect the other parties business. Put basically, its the court's job to decide on any " punishment".
    Personally, I would let the court do it's job and if you want to write about it then do so afterwards.
  • Not illegal but really pretty stupid to do so as Courts are required to look at the conduct of the parties before and during the litigation.
    Small claims is private. I cannot imagine a District Judge being impressed about a petty way of stirring up trouble. Courts are the place for disputes to be heard, not Twitter.
    Anyway, Tesco will settle straight away as they won't want to waste their resources on defending rubbish like this.
  • The sub judice rules & Contempt of Court Act kick in on civil proceedings when a trial date has been set and anything published after this date which could influence the case could be deemed unlawful
    Meanwhile, back in the real word, a blog leading up to a small claim against Tesco is most unlikely to bother the great legal minds of this country
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