small claims help

[toonjohnny]

We are currently being taken to small claims for a very small amount (less then £50). We feel we are in the right and are t&c's are valid. We received an email from the claimant threatening that he will bring an expert along at a cost of £750 along with a string of other costs unless we agree to his out of court demands. Would we be liable to pay for this witness that is totally not needed if we lost ? Just feel like we are being bullied into giving into them. Any help or advice would be appreciated

[EXC]

Re: small claims help

Unless there are exceptional circumstances, adverse costs are not awarded in the small claims court for claim values under £10k.

[toonjohnny]

Re: small claims help

Thanks
So if he asks for the court to appoint an independent expert, will this automatically be granted or will the court see sense that it is not needed ? also if he is independent who bares costs then ? i have read that fees are capped at £200 but elsewhere at £750 ? Can we also counter claim to include our costs, as he says he is doing, if we win ? Total novice at this so never had to deal with a claim

[EXC]

Re: small claims help

I don't know about expert witnesses but I think that the court would have complete discretion as to whether they'd be granted an audience. I would imagine that the court aren't going to be too happy about having to entertain a claim for less than £50. It's completely ridiculous in my view.

If you win you may be able to claim fixed costs such as travel to the hearing and loss of income while attending.

What is the claim for?

[toonjohnny]

Re: small claims help

Long and short, they bought a bespoke product. we have t&c's to say all damage must be reported within 24hrs as we have 48hrs to claim off couriers. Over 2 weeks later and day before product was needed he claimed he opened item and was broken. Left us with no time to replace as weekend. Now claiming original cost plus replacement plus time to procure new product!! plus court fees and appearance fee ! Now trying to say that he will get expert to prove item was broken before sent out. Which is totally false

[EXC]

Re: small claims help

Let us know how you get on.

[FlamingParrot]

Re: small claims help

Thanks
So if he asks for the court to appoint an independent expert, will this automatically be granted or will the court see sense that it is not needed ? also if he is independent who bares costs then ?

If they want to use an expert they'll need to explain to the court why they think they need one:

5 No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

i have read that fees are capped at £200 but elsewhere at £750 ? Can we also counter claim to include our costs, as he says he is doing, if we win ? Total novice at this so never had to deal with a claim

Expert fees can be a maximum of £750:

7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are:

(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £90 per day for each person, and

(2) for experts’ fees, a sum not exceeding £750 for each expert.

---

Source: PD Part 27

IMHO going to court for such a ridiculous amount is pointless and a waste of everyone's time, not least the courts! :juge:

[FlamingParrot]

Re: small claims help

Long and short, they bought a bespoke product. we have t&c's to say all damage must be reported within 24hrs as we have 48hrs to claim off couriers. Over 2 weeks later and day before product was needed he claimed he opened item and was broken. Left us with no time to replace as weekend. Now claiming original cost plus replacement plus time to procure new product!! plus court fees and appearance fee ! Now trying to say that he will get expert to prove item was broken before sent out. Which is totally false

I can't see this being a case for an expert at all!
What sort of 'expertise' will this 'expert' have, to establish that an item was broken before it was sent out? Psychic powers?

Obviously I don't know what type of product or what type of expert we're talking about, but from what I can see, I very much doubt a court would grant permission for expert testimony on these basis. It sounds to me like an attempt at using the threat of co$t$ for the purpose of intimidation.

[toonjohnny]

Re: small claims help

Thanks for the advice, I don't want to mention on here what the item and expert is but in all honesty you would fall off your chair laughing !!

[FlamingParrot]

Re: small claims help

Thanks for the advice, I don't want to mention on here what the item and expert is but in all honesty you would fall off your chair laughing !!

Indeed!

[toonjohnny]

Re: small claims help

your pm is full flaming parrot

[wales01man]

Re: small claims help

You got us all wondering what it is?

[wales01man]

Re: small claims help

Got your PM Laughing tears here Think your up against comedians

[FlamingParrot]

Re: small claims help

your pm is full flaming parrot

Sorry about that was a bit busy...

Have made some room now so do try again. :typing:

[enquirer]

Re: small claims help

As EXC points out, costs are not usually awarded at this level, nor is the court likely to look favourably for a request for an expert witness. Your protagonist is trying to intimidate you.