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Small claim court :defender's legal cost - if lost
Hi, I just wonder how much could be cost after I bring my claim to Small Court. Cannot decide if I should go further or not.
Particularly, my concern is the defender's legal cost, since most our defenders are big companies and banks, which equip strong solicitor teams.
Most book or leaflets do not clearly state, even in the HMCS EX307 "the Small claims track", when the claimant DO NOT win, but only do in the case he/she win.
I thought, you have to pay:
1) the court fee up to 108 pounds for initial stage;
2) for the hearing process, and 35 pounds for allocation fee and Hearing fee up to 300 Pounds, which are not paid from the defendant even in the case he/she win;
3) No fee for solicitors but legal advice up to 260 pounds in some case;
4) up to 50 pounds for loss per day each; and
5) and travel/accommodation expenses.
If the claimant lost, he/she not only cannot get the paid money back but also has to pay 3)-5) in the other way around,:
3) their legal costs --- (capped at 260??)
4) up to 50 pounds for loss per day each; and
5) and travel/accommodation expenses.
I asked to the court service, CAB or other help line, but cannot obtain clear answer or just advised to have a legal boX!
I really appreciate if you could let me know the answer with reference, website, or resource, whether defender's legal cost are capped --- if unfortunately lost to estimate risk/benefit balance.
Re: Small claim court :defender's legal cost - if lost
Many Thanks,
the link only shows the cost for the court.
My concern is other hidden costs from the defendant(s) if you lose:
3) their legal costs for expensive solicitors--- (capped at 260??)
4) up to 50 pounds for loss per day each; and
5) and travel/accommodation expenses.
If I was not exposed to the other sides legal costs, as Lura answered, I would continue my fight.
Re: Small claim court :defender's legal cost - if lost
well, i suppose we would need some more details of the case, whether it is suitable for small claims or whether it would get allocated to multi or fast track
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Re: Small claim court :defender's legal cost - if lost
Where have you got your info from? If you are persuing a case in the small claims track, to the best of my knowledge, you are not exposed to the defendants fees, win or lose.
You have to remember that most CAG members are not solicitors, so can only give advice based on their own knowledge/research.
The info you have given to your case makes it impossible for any specific advice to be given. If in doubt, it would be best to contact a solicitor, you usually get a free 30 minute consultation where you can ask those types of questions and be sure they are answered by a professional and be specific to your situation.
Re: Small claim court :defender's legal cost - if lost
In general only limited costs can be recovered.
However, if either party is found to have behaved with 'unreasonable conduct' then the court may award all of the other party's costs, whatever that may be.
So, yes, costs, perhaps even significant, can be awarded in the small claims.
So long as you have a genuine claim then I wouldn't worry too much.
Re: Small claim court :defender's legal cost - if lost
Hi there,
For a sum of £5080 it will more than likely at the courts discretion be allocated to the small claims track.
Everyone did state it correctly. The small claims track for claims under £5000 (remember court discretion on the amount) there are no costs worn by you in a claim with a loss.
As you are not going to lose, I really would not worry as you have all the support you need here to have a win.
The small claims track is designed to be a user friendly system to small claims with Judges being empathetic and more suportive to the Lay Person (you).It is also that fees and costs for legal assistance are not awarded nor can they often been claimed, unless the claim is taken with malice or an abuse of process.
After allocation, if you are concerned as it goes to the Fast Track then post back. There is a few small expectations with the Fast Track but many succesful claimants. So don't worry and file away!
Re: Small claim court :defender's legal cost - if lost
Thanks for everyone. I have processed my claim on Housing Act 2004 and eventually the landlord returned the deposit; however, I am going to continune my claim to order a fine 3x amout of the deposit, which is less than 5000.
thanks again
Small claim court :defender's legal cost - if lost
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Originally Posted by tgk
