opponents cost if I represent myself

[lotusmoon]

I have a claim against a bank which I am thinking of taking to court. A solicitor told me that the bank's costs could be as high as £200,00 if I lost.

If I represent myself are the bank's costs limited in some way or could they still be £200,000 if I ended up having to pay them?

[atticus]

A bank's legal costs for defending a case are likely to be substantial. I am not aware of any basis on which an unsuccessful party can be ordered to pay less in this respect than one who is represented.

[lotusmoon]

A bank's legal costs for defending a case are likely to be substantial. I am not aware of any basis on which an unsuccessful party can be ordered to pay less in this respect than one who is represented.

Thank you so much for this information

[des8]

If the thought of adverse costs makes you disinclined to pursue your claim, limit it to £10,000.
The case then would most likely be allocated to the small claims track where costs are limited

[lotusmoon]

If the thought of adverse costs makes you disinclined to pursue your claim, limit it to £10,000.
The case then would most likely be allocated to the small claims track where costs are limited

the claim is somewhere between £60,000 - £220,000

[atticus]

In which case getting a good independent evaluation of your case before proceeding could prove to be a good investment.

[lotusmoon]

In which case getting a good independent evaluation of your case before proceeding could prove to be a good investment.

I will almost certainly be going down the route of a no-win-no-fee agreement which has been offered, but it can be costly. If there was a way that I could do it myself and have insurance against the bank's costs I would do that. But the only way to get insurance seems to be from a solicitor representing me. Insurance companies won't insure someone representing themselves.

That's why I wanted to find out if the opponent's costs may be limited as my costs will be negligible.

It does not seem fair. But I guess the law often isn't.

[atticus]

Just because the situation does not suit you, that doesn't mean it is not fair. You appear to be about to make a defendant spend money on lawyers: why should you not pay its costs if you lose the case?

Your costs (what you will pay your lawyers) will only be negligible if you lose. That is the bet your lawyers are taking.

At least if your lawyers are offering a CFA you have the comfort of knowing that they think your case represents a bet worth taking. What success fee have you agreed?

[lotusmoon]

Just because the situation does not suit you, that doesn't mean it is not fair. You appear to be about to make a defendant spend money on lawyers: why should you not pay its costs if you lose the case?

Your costs (what you will pay your lawyers) will only be negligible if you lose. That is the bet your lawyers are taking.

At least if your lawyers are offering a CFA you have the comfort of knowing that they think your case represents a bet worth taking. What success fee have you agreed?

I did not put my comment very well. what I am saying is that my costs will be negligible if I represent myself. they would be £19 per hr tops. so my cost to the opponents would be very little whereas their costs could be massive. may be as higher as £200,000. That is what did not seem fair to me.

[R0b]

I did not put my comment very well. what I am saying is that my costs will be negligible if I represent myself. they would be £19 per hr tops. so my cost to the opponents would be very little whereas their costs could be massive. may be as higher as £200,000. That is what did not seem fair to me.

I wouldn't be so sure about your costs. complex and high value claims involve lots of hours of preparation, drafting, responding to the other side, evidence gathering and legal research. All of these elements that a law firm would charge for in relation to the case equally applies to yourself. So that £19 per hour rate you talk about could well run into the 1,000s if not 10,000s.

Unfortunately, thats the price you pay for bringing these types of claims, so why don't you protect yourself to some extent and go with a no-win no fee? The only other solution I can think of would be to apply for what is known as a costs capping order, but they are rarely granted because they should only be used in exceptional circumstances, and there is criteria to fulfil so if that criteria is not met, your request for an order fails.

Always remember, costs are at the court's discretion (and they have a wide discretion). If you should lose your case, you can ask the court to take into account your status as an LiP and affordability to repay those costs as a factor but there is no guarantee. Equally, you could seek a detailed assessment of the costs to run that down somewhat but you may only find and after accounting for any duplicate work or excessive time spent on certain matters, the reduction may only amount to £10,000-£20,000 of a £200k bill.

You say its unfair but surely the defendant could also say its also unfair that it has to foot it's own bill even if it is successful simply because you wanted to bring a claim for a relatively significant sum of compensation.

[lotusmoon]

I wouldn't be so sure about your costs. complex and high value claims involve lots of hours of preparation, drafting, responding to the other side, evidence gathering and legal research. All of these elements that a law firm would charge for in relation to the case equally applies to yourself. So that £19 per hour rate you talk about could well run into the 1,000s if not 10,000s.

Unfortunately, thats the price you pay for bringing these types of claims, so why don't you protect yourself to some extent and go with a no-win no fee? The only other solution I can think of would be to apply for what is known as a costs capping order, but they are rarely granted because they should only be used in exceptional circumstances, and there is criteria to fulfil so if that criteria is not met, your request for an order fails.

Always remember, costs are at the court's discretion (and they have a wide discretion). If you should lose your case, you can ask the court to take into account your status as an LiP and affordability to repay those costs as a factor but there is no guarantee. Equally, you could seek a detailed assessment of the costs to run that down somewhat but you may only find and after accounting for any duplicate work or excessive time spent on certain matters, the reduction may only amount to £10,000-£20,000 of a £200k bill.

You say its unfair but surely the defendant could also say its also unfair that it has to foot it's own bill even if it is successful simply because you wanted to bring a claim for a relatively significant sum of compensation.

Thank you for this comment. I don't think it is possible for them to win as they have admitted fault both in emails and telephone recordings. but from what I understand and please correct me if I am wrong - if I ask for more compensation than the judge allows then I am liable for the opponent's costs. - Is this true?

The compensation could be anywhere from between 60,000 and 220,000 a good balance point will be about a £150,000.

[wales01man]

Have you told them they cannot win in Court ? You could ask for a settlement to avoid a case and all the costs involved.

[lotusmoon]

Have you told them they cannot win in Court ? You could ask for a settlement to avoid a case and all the costs involved.

I would like to do that but was wondering it I would be giving things away that I may later regret if I went on to using a solicitor.
If you could give me some advice on that that would be great.
I won the case with the ombudsman but they did not agree with the compensation and it was going to go further I had to stop the case to get legal advice and they would not reopen it on my return.

[wales01man]

Sorry i cant offer advice personally the thought of losing and getting a very big legal bill from the other side scares me. Im sure the legal minds here and elsewhere can weigh up the pros and cons of any actions and options you have.Good luck whichever way you go

[lotusmoon]

Thank you I think the bank is far more likely to take it seriously from a solicitor who already has the insurance in place to be paid and cover all costs. whether it goes to court or is sorted out before it goes to court. I hope they have the where with all to get a settlement before it goes to court.