13.1.07

Day 72 (week 15): Unappealable

Getting tired of trundling off to small claims now without being able to get my teeth into any myself. Today was a classic example of an eccentric judge coming to an even more eccentric result simply because he didn’t like my barrister’s opponent. This is another difficulty with the small claims. Unlike any other judge in the land, those in the Small Claims Court are almost unappealable. Whilst the highest court in the land, the House of Lords can still be appealed to the European Court of Human Rights, the court for the very smallest claims is almost as a matter of fact unappealable. This is because it is extremely hard to succeed in any appeal from this court and furthermore the size of the claim almost guarantees that an appeal will not happen. Judges are fully aware of this and therefore often just ignore barristers who try to put points of law to them.

Whatever the law is in the rest of the land, it is clear that it does not beat the whim of a district judge in the Small Claims Court.

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