Summary Cause

[wsm36]

Hi everyone, does anyone know what the maximum amount that can be awarded in costs if you lose a SC, I'm lodging 3 of them on Thursday.

 

Cap1: £994

LloydsTSB: £910

HBOS: £1482

[wsm36]

Any suggestions, anyone?

[maryhillgull]

I could be wrong but I think you are liable for all the other parties costs it seems that Summary Cause has the much simplier submitting process the same as the small claims does but has a higher limit (£1500) however it does not have the protection/limit with regard to costs that a small claims has.

 

I hope this info is correct it was in a post I was reading a few days ago.

 

[Giveitback]

Summary Cause is VERy similar to small claims in process. In fact I think there's something about it in Scotia's link, and the limit is £1500.

[donaldtramp]

wsm,

 

I'm with the other guys. A summary Cause has very few differences compared to a small claim. (The only difference I noted was that, as well as an increase in the amount claimable to £1500 from £750, you have to get a Sheriff Officer to serve the action at a price of roughly £15)

 

I believe that the costs are also limited. Not sure of the actual amount but an example of the charges made AGAINST the bank in my small claim was £130. This was probably high, as the Bank made no attempt whatsoever to respond to the court case in any shape or form.

 

I wouldn't worry about it in your case. You are very unlikely to lose. All your claims are below £1500 and no multiple claims.

 

Have you had a read through the Summary Cause guidance notes on the Scottish Courts website?

 

All the best

DT

[donaldtramp]

Did a bit more digging,

Here you go from the Horses mouth,

It would seem that you can be held liable for their solicitors costs.

 

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/guidance_04.pdf

 

Section 4.24 Expenses.

 

At the end of the case, if the court makes an award of

expenses, the amount to be awarded is calculated by

the clerk of court (the sheriff clerk). The sum awarded

will depend on the amount and nature of the work

which has been done in the case.

In an action which has been defended, the clerk of

court will first hear parties on the claim for expenses

and costs incurred. This will usually be done at the

conclusion of the final hearing of any case. However, if

the sheriff issues his decision at a later date, or if there

is insufficient time at the end of the hearing, the case

may be continued to another date for a special hearing

on expenses, when both parties will be able to appear.

The sheriff clerk will notify parties of the date of this

hearing at least 14 days before it takes place.

If the case is continued for a hearing on expenses, the

successful party will need to produce an account of

their expenses and send a copy of it to the other party

before the sheriff clerk hears their claim for expenses.

The account must be lodged with the sheriff clerk, and

a copy sent to the other party, at least seven days

before the date of any hearing fixed to consider the

question of expenses.

Any receipts or vouchers for expense incurred which

support the claim should be attached to the account

As a general rule, court expenses are awarded to the

party who succeeds in the claim. These expenses must

then be paid by the unsuccessful party.

 

Expenses which may be awarded to the successful

party by the court include:

• The cost of any solicitor employed by the successful

party

• Loss of wages and travelling expenses for the

successful party and any witnesses who appeared

on their behalf at court

Please note that the court expenses do not include the

cost of having any court order enforced. You will have

to arrange for this to be done and recover the cost

from the other party yourself.

After the sheriff clerk has calculated (assessed) the

amount of expenses, the account will be submitted to

the sheriff for approval. If this has been done at a

separate hearing for expenses, the sheriff clerk will fix a

date and time for the case to call in court so that the

account of expenses can be approved by the sheriff.

The sheriff’s final decision (decree) on the case cannot

be pronounced until the account of expenses has been

approved by the sheriff. This will be done at the same

time as approval of the account.

 

Although if you stick to the tried and tested method. You shouldn't have any problems. Remember the banks DON'T want to go to Court. They are more worried about getting a decision against them.

 

All the best

DT

[wsm36]

Thanks for the info everyone but I already knew some of that, I was just trying to find out if there was a MAXIMUM that could be awarded.

[maroondevo52]

Hi,

 

When I put in my Summary Cause claim against BOS, the clerk of court said if I were to loose I would have to pay hundreds rather than thousands. Not much help I know, but thought i'd tell you anyway.

 

Regards.

 

Scott.

[wsm36]

I wouldn't worry about it in your case. You are very unlikely to lose. All your claims are below £1500 and no multiple claims.

 

Have you had a read through the Summary Cause guidance notes on the Scottish Courts website?

 

All the best

DT

 

 

Hi again DT, with regards to the "no multiple claims" part, the £1482 against BOS is the second part already done a small claim with that one, got a letter from them on Saturday saying the usual "eight weeks to investigate bull****", that was 3 weeks after the prelim. They're getting slower.

[wsm36]

Hi,

 

When I put in my Summary Cause claim against BOS, the clerk of court said if I were to loose I would have to pay hundreds rather than thousands. Not much help I know, but thought i'd tell you anyway.

 

Regards.

 

Scott.

 

Thanks for that Scott. Kind of makes you worry a bit about it a bit more.

[maroondevo52]

Hi, wsm,

 

I used Summary Cause against Cap.1. and they settled two weeks after the sheriff's officer served them with it. Total sum £1,111.94. including interest and court costs. So it can be done, chin up !

 

Regards.

 

Scott.