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Message started by elaw on Nov 11th, 2007 at 9:49am

Title: Small claims Scotland
Post by elaw on Nov 11th, 2007 at 9:49am
The Northern Constabulary took charge of my canoe as evidence after my brother was drowned.
Three months later I went to pick it up and it had been damaged beyond repair. The police say it was an accident, no one is to blame and they can not pay to replace it. Can I take the police to the small claims court?
Do I sue the Northern Constabulary or the Chief Constable?
The replacement cost of the canoe is 640.
Hope some one can help.

Thanks Eric Law

Title: Re: Small claims Scotland
Post by elaw on Nov 12th, 2007 at 4:19pm
Update!

They were very helpful at the Sheriff Court when I took my Small Claims forms in today, and you can take the police to the small claims court and you sue the force not the Chief Constable.

Thanks for looking at my first post, no advice is better than wrong advice. if anyone is interested I will post the outcome.

Eric

Title: Re: Small claims Scotland
Post by grumpy on Nov 26th, 2007 at 10:58am
In Scotland the police cannot be sued for negligence-you have to prove malice. The chances of success are minimal but sometimes it's worth running a small claim in the hope of an economic out of court settlement. Don't count on that though. My advice is to write this off as a bad job and don't get involved in a stressful litigation. It's your call though.

Title: Re: Small claims Scotland
Post by humanrights on Dec 14th, 2007 at 12:22pm

grumpy wrote on Nov 26th, 2007 at 10:58am:
In Scotland the police cannot be sued for negligence-you have to prove malice. The chances of success are minimal but sometimes it's worth running a small claim in the hope of an economic out of court settlement. Don't count on that though. My advice is to write this off as a bad job and don't get involved in a stressful litigation. It's your call though.


I would be interested to know more details about this case so that I can publicise it on a website.

Title: Re: Small claims Scotland
Post by Deedee on Dec 14th, 2007 at 12:52pm
Was you canoe not covered by an insurance policy? If so, it might be worth checking to see if it was still on cover.

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