Costs awarded against losing party?

[jason008]

Hello

Can anybody help with regarding costs against a losing party? I have been looking at the Internet regarding costs and there appears to be mixed messages. If I were to lose what is the likelihood of the judge awarding costs against me. I beleive I have a strong case. I have not received any notifications regarding costs, or the judge has not indicated that my case is weak etc...
SO a general idea would be useful.

Thanks

[des8]

Re: Costs awarded against losing party?

Is this case (likely to be) allocated to small claims track/ fast track or multi track ?

[jason008]

Re: Costs awarded against losing party?

It is going straight to court,no PHR or anything like that

[des8]

Re: Costs awarded against losing party?

The general rule is that the losing party pays the winner's costs.
Costs awards are, however, usually subject to certain limits, the effect of which are that the winner generally recovers only a proportion of his costs
. In awarding costs, the court will take into account the parties' conduct, and in particular whether each party tried in good faith to resolve the dispute prior to trial.
In snmall claims cases costs are very limited, unless the losing party has acted unreasonably. (you won't be hit by solicitors fees )

[sean5302]

Re: Costs awarded against losing party?

Hello Jason.
Des8 was trying to ascertain which track at court this is being heard on.
If you have a claim up to Ł10k and it's straightforward, it's normally the small claims track. Lose there and you're normally liable for about Ł300, the other party's travel costs and suchlike. In theory, no solicitor's costs are payable but I've always found that, when a solicitor attends, they are awarded Ł300 if they win.
For the fast track, it's normally around Ł1500.
For the multi-track, costs go up to Łmillions.

[jason008]

Re: Costs awarded against losing party?

Hello Jason.
Des8 was trying to ascertain which track at court this is being heard on.
If you have a claim up to Ł10k and it's straightforward, it's normally the small claims track. Lose there and you're normally liable for about Ł300, the other party's travel costs and suchlike. In theory, no solicitor's costs are payable but I've always found that, when a solicitor attends, they are awarded Ł300 if they win.
For the fast track, it's normally around Ł1500.
For the multi-track, costs go up to Łmillions.

Hello

This is an employment tribunal

Jason

[sean5302]

Re: Costs awarded against losing party?

You wrote:

"It is going straight to court,no PHR or anything like that".

It's not going to court, then. An ET does not normally award costs against individuals unless their behaviour has been unreasonable.

[teaboy2]

Re: Costs awarded against losing party?

Agreed with Sean above.

Is very rare for the Employment Tribunal to award costs against an employee or former employee (usually the claimant) of the defendant (usually the employer) if the employee loses - Unless the employees claim was without merit, vexatious (false) or their behavior was unreasonable or unbecoming. Though the if the defendant is the loser, then they are normally made to pay costs or pay towards the costs of both parties!

[jason008]

Re: Costs awarded against losing party?

One last thing if it goes to court and they subsequently find it is weak, can the losing party have costs against them?

[sean5302]

Re: Costs awarded against losing party?

I thought our previous answers were pretty clear, Jason.
If you vexatiously bring a claim, ie a weak claim that no reasonable person would or should ever bring, you would find yourself at the mercy of the Tribunal.
Why don't you put your cards on the table and we'll try to help you?
What exactly has happened?
Why did you bring the claim?
What outcome are you hoping to achieve?