How do we claim compensation for court attendance?

[KennyVinegar]

Hi everyone and happy jubilee weekend

 

Sorry if this is in the wrong category, I wasn't sure where to post it.

 

It's really a general court question. I had to attend court twice earlier this year due to my lettings agent claiming I owed 3 months' rent, of which I was trying to prove it was only 1 month's (I had bank statements showing I'd paid). I paid the 1 month I knew I owed, as I was moving house and didn't want a crappy reference - the agent then stopped the claim, as I was due to go back a third time (their solicitor and supposed evidence was a joke so the case kept getting put back).

 

Anyway, I have a shop which I run on my own and so was unable to open whilst I had to attend court. Can I claim compensation and if so does anyone know how I go about this?

[ims21]

Hi

 

I think your query is better off in the Legal forum so I've moved it there and the guys will be happy to advise as soon as they are available.

[andydd]

So was there a claim against you and you won ?

 

What did the judgment say ?

 

Generally in small claims (which Im assuming this is, under £5000 ?), there are no costs as such but you can claim for court fees, travel expenses, and time lost from work (this was limited to just £50 but recently increased to £90), but all of these you should of asked for at the time, did the judge not mention costs ?

 

Andy

[BankFodder]

I gather that they started the claim against you and that you incurred reasonable costs defennding and they subsequently withdrew the action.

If that is the case then you will be entitled to ask the court to award you costs.

 

You should apply for an order for wasted costs. We had quite a few of these a few years ago and if you search on "wasted costs" you will find out more about it. I expect that you will have to make an appication notice on form n.244

[BankFodder]

In fact, this is for staters - http://www.consumeractiongroup.co.uk/forum/content.php?581-Wasted-Costs-order

 

Search on "wasted costs" (in quotes) using the advanced search function. Tell it to search titles only. You'll find quite a lot

[KennyVinegar]

Hi andy and bankfodder

 

Thanks for your help. Yes it is small claims. I tried to google court compensation and such like but all that came back was no-win-no-fee pages.

 

I've just googled wasted costs and it's very helpful, cheers.

[KennyVinegar]

In fact, this is for staters - http://www.consumeractiongroup.co.uk/forum/content.php?581-Wasted-Costs-order

 

Search on "wasted costs" (in quotes) using the advanced search function. Tell it to search titles only. You'll find quite a lot

 

Brilliant, thanks

[citizenB]

Because of changes to the rules.. you are now entitled to claim £18.00 an hour for LiP (Litigant in Person) costs.

 

You can claim for..

 

travel to and from the court (amount of time) + the costs involved either petrol for vehicle/parking or transport charges

I think, I would need to check, that you can charge up to £90.00 per day for taking time off work.

 

You can claim for

 

Paper/ink/postage for producing witness statements / defence (plus an amount of time)

 

You can claim for

 

Time spent researching legislation in order to assist your defence.

[andydd]

Now...Im a bit confused about 'wasted costs'. Wasted costs are to my understanding, costs awarded against the SOLICITOR for unreasonable behaviour, etc.

 

This differs I believe from just asking for costs in the normal way.

 

In this case it may depend on whether or not the case was allocated before being discontinued ?

 

Andy

[citizenB]

Andy, I believe it is any cost that the defendant would not have needed to pay had the claim not been issued.

 

CPR 27.14 (2) - G, applies I think.. see following..

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

[andydd]

Not convinced that the above relates to Wasted Costs though, WC are against the other sides SOLICITOR as oppossed to the other side.

 

It appear (to me) that for wasted costs to be given there is quite a high burden of proof to prove that the other sides solicitor acted untreasonable or vexatiously.

 

WC are mentioned in CPR 48.7 - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part48#IDANRN2B

 

Andy

[Guest]

yes, 'wasted costs' is different to 'normal' costs as andydd says.

Edited June 2, 2012 by Ford