If someone had already driven their van straight at you and then two men climbed from the van, came back to your position and one of the men threatened to cut your throat with a stanley knife: when you took civil proceedings against him (he admitted threatening behaviour to escape with a caution) – what amount of money would you sue for so that he would remember not to do the same thing to someone else?
Update:
I hazard a guess that there are bigger and better courts than merely the small claims courts and finding someone who might work for a percentage of the outcome might just be the way forwards- what do you know?
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The limit in small claims court in England was recently raised to £10,000!
Exactly how do you intend to prove the amount of your damages? The purpose of small claims court isn’t to punish the defendant, it’s to make the plaintiff whole. Punishment is the scope of criminal law.
Maybe you should be questioning the CPS why this person was allowed to get away with a caution if he had actually threatened you with a knife. Anyway, this is within the discretion of CPS, so if they had accurate information about what happened, you probably don’t have much standing to challenge it.
Source(s): http://which.co.uk/consumer-rights/action/how-to-u…
But what damages did you suffer?
If it’s distress you are claiming then perhaps £1,000 would be sufficient.
What resources has this person got to pay you? If he has no money or is on benefits, you might as well forget it- he’d get away with £3 a week or some such.
You would need proof, not just a statement of your feelings- so medical reports, expert witness reports- all theses cost a lot of money- a simple private medical report can be £1,200.
There would be substantial fees and costs even if you tried to represent yourself, (and won), which is most inadvisable in a higher court.
If you lost (not in small claims) you would probably have to pay the other side’s costs.
This does not sound as if you have thought it through or have any real knowledge of how courts and the law work in these cases.
You’d do well to consider leaving this matter alone- you will only suffer more frustration and loss of money in perusing it.
“i grew to become into traveling to artwork on a moped wearing ‘2’ super hi-viz coats and a 70kg rucksack on my back, water resistant trousers that restrict leg stream and gauntlets that restrict grip and hand ability” I examine that first sentence and gave up. The block of words are too plenty to be certain and anybody who rides a moped wearing maximum of things of clothing that grip and hand mobility are constrained must be at perfect a fool, at worst available to others. The day may be able to come once you would be getting sued your self…
Realistically you can only sue for an amount you think they can reasonably afford. This isn’t America, and you can’t sue for ‘Millions’ based solely on an ‘act’ No conviction was attained, nor were you harmed. You could be talking about 20-30K based on emotional distress.
Source(s): Extensive employment experience in many varied occupations.
Nothing he probably wasnt tryna be bad just trynna feed his family and if u sue him YOU just killed a whole family.