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Having rejected a paltry offer from the BOS - £300 for a claim of £2200 in Full and final settlement of my claim - I'm about to raise an action against them at the sherrif court. However, I'm not sure whether to go for one Summary Cause action or two Small Claims because I can't work out whether using Summary Cause makes me liable for more expenses than Small Claims - can anyone help?
Just found the info on the scotcourts.gov.uk site:
Home / Sheriff Courts / Summary Cause / Guidance Notes - 4. Going to court.
It's pretty clear that there is no cap to the expenses that could be awarded to the defender under a Summary Cause action, and that those expenses would include the cost of the solicitor and the wages of anyone called to appear as part of the defence.
Although no one has had to defend so far, we must be getting pretty close to a test case and I'd hate to have to pay the cost of their fancy lawyers. I think I'll go for a split claim in small claims - saves the costs in having the summons served too!
Summary cause liability?
- £300 for a claim of £2200 in Full and final
settlement of my claim - I'm about to raise an action against them at the sherrif court. However, I'm not sure whether to go for one Summary Cause action or two Small Claims because I can't work out whether using Summary Cause makes me liable for more expenses than Small Claims - can anyone help?
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