BJSLIV Posted September 10, 2005 Share Posted September 10, 2005 Reported today that a new EU wide agreement will mean that for example a UK resident will be able to make a small claim against a French trader by registering his claim in a UK court. Likely to cover faulty goods, injuries etc for up to £10,000. Should cause a bit of fun when all the litigious Brits get going. Due to start in about 12- 18 months time. There goes another flying pig..........http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/09/10/nsue10.xml Link to comment Share on other sites More sharing options...
Nick Trollope Posted September 11, 2005 Share Posted September 11, 2005 [quote]Reported today that a new EU wide agreement will mean that for example a UK resident will be able to make a small claim against a French trader by registering his claim in a UK court. Likely to cover ...[/quote]I was under the impression that facilities already existed, under the Hague Convention. Link to comment Share on other sites More sharing options...
BJSLIV Posted September 11, 2005 Author Share Posted September 11, 2005 I think the idea is that it will be cheap and cheerful, similar to the small claims court in the UK, with no need to engage lawyers. Link to comment Share on other sites More sharing options...
Ron Avery Posted September 11, 2005 Share Posted September 11, 2005 Interesting idea, but what language would be used if I say I lived in Manchester, and I sued my French neighbour who speaks no English. Also in the above event, would the case be heard in England or France? Who would pay the travel and interpreter costs? I don't expect answers, just thinking aloud Link to comment Share on other sites More sharing options...
moon Posted September 11, 2005 Share Posted September 11, 2005 The problem as ever will be enforcing the courts judgement, I know plenty of instances in the UK where people have gained judgements but have never been able to collect. Court takes fees makes judgement and then forgets about it.Jaybob Link to comment Share on other sites More sharing options...
BJSLIV Posted September 11, 2005 Author Share Posted September 11, 2005 You register your claim in the UK in english, possibly online. The paperwork is translated and forwarded to the foreign court. No involvement of lawyers.......low costs but as others have said probably little pecuniary output either! Link to comment Share on other sites More sharing options...
Tonyf Posted September 12, 2005 Share Posted September 12, 2005 This might strike a pang of fear into the hundreds ++++ of Brits over here who arrived having knocked the credit cards, banks etc. As for enforcement, I understand that a huissier be instructed without a court order. Link to comment Share on other sites More sharing options...
Will Posted September 12, 2005 Share Posted September 12, 2005 I'm no lawyer but I would have thought that the various inconsistencies between French law, based on the Napoleonic code, and the system based on common law and case law used in most other countries, including Britain, might, in practice, make legal harmonisation rather difficult. For example, the distinction between civil and criminal law seems very blurred in France.As some people seem to leave their home country to escape debtors etc, as Tony says, it could prove rather an interesting move, if it ever happens. Link to comment Share on other sites More sharing options...
Loiseau Posted September 13, 2005 Share Posted September 13, 2005 Escape *creditors* perhaps...? Link to comment Share on other sites More sharing options...
Will Posted September 13, 2005 Share Posted September 13, 2005 Yes, quite right. Glad you spotted the deliberate error... Link to comment Share on other sites More sharing options...
Arkon Posted September 13, 2005 Share Posted September 13, 2005 [quote]The problem as ever will be enforcing the courts judgement, I know plenty of instances in the UK where people have gained judgements but have never been able to collect. Court takes fees makes judgeme...[/quote]The courts in the UK don't just forget it. If you take a complaint back to them they will always follow it up. Link to comment Share on other sites More sharing options...
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