County Court - Small Claims - Costs

[heisenberg]

Dear all,

Can a Judge order you to pay the 'expenses' of the other party if you lose the case/claim and you have absolutely no money/savings/income (apart from state benefits)?

Many thanks.

[stevemLS]

Re: County Court - Small Claims - Costs

The short answer is yes.

They would give you time to pay, I think the standard rate for a person on benefits is £5 pw.

[heisenberg]

Re: County Court - Small Claims - Costs

Thanks.

I imagine a lot of people are going to be put off by that especially if the other side decides to bring along many unnecessary witnesses.

[FlamingParrot]

Re: County Court - Small Claims - Costs

Dear all,

Can a Judge order you to pay the 'expenses' of the other party if you lose the case/claim and you have absolutely no money/savings/income (apart from state benefits)?

Many thanks.

I notice 'small claims' in the title of this thread. In the small claims track, it's not the norm to award costs against the losing party. There are exceptions such as when the court reckons one party has behaved unreasonably or when you had no real grounds for bringing the claim in the first place.

The losing party may be ordered to reimburse certain things such as traveling expenses and a limited amount for loss of earnings.

The losing party may also have to pay the other side's court fees, however, as the claimant you would be paying them to start with rather than the defendant, and if you are on state benefits you'd very likely qualify for fee remission. See here for info about fee remission: http://hmctsformfinder.justice.gov.u...ex160a-eng.pdf

It is always a good idea to comply with the pre-action conduct by sending a suitably worded letter before action to the other side and allowing them time to respond and answering their queries and requests before issuing a claim. A letter before action is not a simple threat saying: "pay up or I'll see you in court" or something to that effect, it has to contain certain details and preferably be headed "Letter Before Action" or "Letter of Claim". See here for details: https://www.justice.gov.uk/courts/pr...on_conduct#6.1

Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include— (a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

If you are considering issuing a claim, you may consider this guide useful: https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf

You should be aware that the legal process can take a long time, so do consider any offers of settlement and/or mediation you may get.

If you issue a claim, it's not uncommon for the other side to ignore it and fail to respond, that being the case you can request default judgment 14 days after the claim is served on the defendant, however, getting a judgment is only the beginning. The defendant could say they never received the claim and apply for set aside, or they can just ignore the judgment and not pay you anything (I'm assuming it's a money claim you are thinking of bringing). That being the case you'll need to look at enforcing the judgment and that will require yet more time, money and applications to the court for a warrant to enforce with bailiffs or an attachment of earnings order if the defendant is an employee (but not self-employed, sole trader, limited company, student, retired, unemployed, etc.).

[heisenberg]

Re: County Court - Small Claims - Costs

Dear FlamingParrot,

Thank you good Madam!

I have ordered a book or two on this subject and I note these types of books are extremely rare (rather strangely). I have indeed searched many a book store including Amazon and Waterstones.

I feel a bit concerned going forward as I do not fancy being up against a lawyer who finds a way to bludgeon the judge into making the unrepresented party pay costs (I understand they sometimes have a higher status in the legal world than a district judge and can be very persuasive).

Also, I have no representation as legal aid does not provide this. I suffer from a debilitating mental health condition and am hardly on a level playing field with a high profile barrister.

Many thanks again.

[MissFM]

Re: County Court - Small Claims - Costs

Thank you good Sir!

She's Madame Parrot, Heisenberg

[heisenberg]

Re: County Court - Small Claims - Costs

She's Madame Parrot, Heisenberg

I am so sorry!! Many thanks Madame Parrot (and sincere apologies!).

[FlamingParrot]

Re: County Court - Small Claims - Costs

I am so sorry!! Many thanks Madame Parrot (and sincere apologies!).

No worries.

Thanks [MENTION=37303]MissFM[/MENTION] for the clarification. :yo: :yo: :yo: