2. 考研
  3. So you want to fight your own ease in court? Then take heart: Litigants in Person, as the official term has it, are not to be lo

So you want to fight your own ease in court? Then take heart: Litigants in Person, as the official term has it, are not to be lo

admin2014-12-11  16
问题     So you want to fight your own ease in court? Then take heart: Litigants in Person, as the official term has it, are not to be looked down upon any more. This is hot to say that all civil disputes are suitable for personal treatment. Those involving abstruse points of law are usually best left to lawyers and in some cases baffle even legal minds.
    The obviously suitable case is that of the aggrieved consumer who is involved in a claim arising out of the sale or hire purchases of goods, or the provision of services. But straightforward debt cases, some landlord and tenant matters, road traffic cases involving damage to vehicles only, claims for willful damage to property or for minor assaults and claims for wages and salaries owing in lieu of notice may all present feasible scope for the layman. Whether a case lies within the confines of simplicity is not always clear but no solicitor should mind being consulted on the question of whether given circumstances might admit of personal action. County court work is notoriously unremunerative and he is unlikely to feel aggrieved or think that you want to do him out of business.
    Saving a bill from your own solicitor is, of course, the first but not the only financial aspect to consider before taking solo action. The general rule in county court litigation is that the loser pays the legal costs of the winner, or at least so much of those costs as are approved by the court. The latter are rarely as much as the total bill presented by the solicitor to his client but will be large none the less.
    It is almost always impossible to guess how much the costs will be in a contested ease—the total depends on so many variable factors. But it is probably no exaggeration to say that even when suing in person for ￡ 200 you could put almost the same sum at risk in respect of the other side’ s legal costs and your own expenses. In smaller claims, however, a special rule applies. Where the sum in dispute does not exceed ￡ 100 the legal costs recoverable by the winner are normally limited to those of starting proceedings ; no costs are usually recoverable for representation at the trial or arbitration of the matter. The loser will thus rarely pay more than a few pounds for the winner’s expenses. It is, therefore, sensible when considering self-help in the county court to keep that figure of ￡ 100 well in mind: below it the risks as to costs are-much-reduced.
    Litigants in Person who win have had until now a frequent grievance. Their bills for costs payable by the other side have not been allowed to include any recompense for the time and energy expended in the preparation of their case. The recent Litigants in Person(Costs)Act have, however, ensured that these situations will he rectified; new rules are to be brought into force.
    A further financial consideration is whether it is worth bringing even a cast iron case against someone who may be without die means to meet the judgment. Admittedly it is often difficult to know the extent of a defendant’s resources, but if he is patently a man of straw there is little point in adding irrecoverable expenses to the sum of you original grievance.
    Finally, a personal judgment. While your case may not require the stamina necessary to struggle on to the end of a long protracted battle, time, patience and perseverance are required of all litigants, and of the inexperienced in double measure. Read How to sue in the County Court, published by the Consumers’ Association, and get hold of the official guide from your local court. If you are not put off altogether, you will need them.
The most usual do-it-yourself cases are those concerning______.
选项 A、debts involving landlords
B、damage to property
C、damage resulting from road accidents
D、unsatisfactory sales and service
答案D
解析 该题属细节定位题，题干定位词most usual do-it—yourself cases为原文第二段obvioussuitable case的同义置换，故根据题干定位词可定位到该处，根据该句内容可知选项[D]符合文义，为正确答案。
转载请注明原文地址:https://kaotiyun.com/show/hlK4777K
0

考研英语一

相关试题推荐
随机试题
最新回复(0)