[mnw21cam]

> This has set a basic precedent

I would note that technically the small claims court in the UK does not set precedents. That would be the function of a higher court.

[justinclift]

The article also says that ASUS settled too:

    Timothy provided us with documentation of the court case and
    proof that ASUS has settled.

Isn't that fairly common when companies don't want a verdict to happen, as they expect to lose?

[solarkraft]

How so? I thought a precedent was just any case that has been ruled in a certain way, irrespective of the court it has happened in.

[nickff]

It seems like this court does not have the authority to set ‘legal precedent’, though colloquially it has ‘set a precedent’ in the sense that it did something for the first time.

[adw]

Not all courts have the power to set precedent. Small claims courts in England don’t.

[j45]

The way it's been explained to me is precedent is often referring to rulings that start with the similar courts geographically to other ones.

[mnw21cam]

It's not that simple either. Common law jurisdictions often use rulings at higher courts in completely different countries (as long as they are also common law jurisdictions) as precedent if it helps come to a suitable judgment.

[j45]

Absolutely. Depends on the court, country, and how relevant it might be. A friend recently walked me through the order of precedent for one area of law

[dragonwriter]

This is incorrect, courts have specific rules about what cases may be cited as precedent, and whether that precedent is optional guidance for the court it is presented to (persuasive precedent) or rules that must be followed where the decision conditions in the earlier ruling apply to the current case (binding precedent).

For instance, in a US District Court on most questions of federal law, as regards decisions of other federal courts: published decisions of any federal court can be cited as persuasive (most district court decisions are unpublished), and decisions of the Court of Appeals for the circuit in which the District Court is located, or of the US Supreme Court, may be entered as persuasive precedent.

[rahimnathwani]

There was no ruling. The parties settled.

[FerretFred]

Hard to believe that it actually reached the Small Claims Court, let alone succeeded! Well done that person!

[rahimnathwani]

> Hard to believe that it actually reached the Small Claims Court

It's easy to file a small claim in the UK. More info on the process for England & Wales here: https://www.gov.uk/make-court-claim-for-money

> let alone succeeded!

The article is light on details, but it sounds like the parties settled before any hearing or ruling.

[b112]

In Ontario, Canada, part of the small claims process is a pre-trial conference, with a retired judge moderating. Further, nothing disclosed may be used as part of the trial.

Its goal is to help with an amicable settlement.

More info: In small claims, lawyers are not forbidden, but they may only speak for their client, and their client must be there, or present remorely, listening and ready to accept offers or deals.

And if lawyers use legalese, the residing judge must explain to you what is being said, and will look unfavorably at the lawyer for not speaking plainly, and wasting everyone's time.

Technically lawyers are not allowed as lawyers, but accommodations must be made for a company 1000s of km or more away. Someone must speak for them.

[rahimnathwani]

Did you intend to reply to a different comment?

[b112]

No! My comments re: Ontario pre-court conference, were meant to highlight a reaspn why this might have been settled before small claims coirt.

I suspect a similar thing happens in the UK, and that forced conference ensures companies must hear reasoning, arguments in full before the case.

In Ontario, it's very informal. You just talk. The retired judge only intercedes if it becomes heated, or runs long.

It helps solve things.

[rahimnathwani]

Mediation is offered in the UK, in the hope that it reduces the number of cases that proceed to a hearing. I don't know whether it was used in this case.