From: Richard Barrett, [EMAIL PROTECTED]
Suppose that David Steed is actually successful in his claim against
the Home Office but that the HO is not then willing to institute a
second round compensation programme for interest accruing from late
payment.
With Steed's case as a precedent, and given that the amount many of
us might claim for is relatively small, would it be feasible to make
a claim via the Small Claims Court. I've been told this is a much
cheaper and easier process to initiate and pursue than going to the
County Court, with minimal downside risk to the claimant if the claim
is lost.
The relatively low cost and risk of the Small Claims route might
encourage many more people to make a claim against the HO especially
if a "starter kit" were available via the WWW, clubs, etc. Faced with
the prospect of up to 57000 claims and without the counter threat
that failing claimants might face a large barristers bill from the
HO, they might be encouraged to offer secondary compensation
automatically on a straightforward formula basis. All they need is a
simple program to canter over the existing data in their system,
calculate the extent of the delay in each payment, and print the
cheques. That or death by thousands of small claims.
--
The whole idea and concept of it is to claim in small claims court,
which is what David Steed did. The HO appealed all the way to the
House of Lords and failed. Sorry if I didn't make it clear to begin
with.
One would hope that the HO would come to their senses and pay interest
on all the claims in some sort of scheme, but I suspect we will have
to sue en masse to begin with.
Steve.
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