Please help with harassment claim & potential appeal against civil proceedings

[2222]

The civil court system in the UK is an absolute joke. How on earth could a costs order be justified in the event of a successful claim?

It's not a joke. It's quite sensible, as it encourages parties to settle.

This is what can happen:-

It's a Fast track case, so costs are a major issue. Say you claim £5000. The other side makes you an offer to settle, say for £1000, but you turn that down because you think your claim is worth more than that. The case goes to court, and you win, but you only get awarded £900. (You've been there with the property claim you won recently, but only got a fraction of your claim.)

Because of the earlier offer for more than the award, you are then liable for the whole of the landlord's costs incurred after the date** of the offer. If he has a swanky solicitor and barrister, those costs could be thousands. So, you can win but end up owing the landlord thousands.

These cases are complex, and trained lawyers can run rings round you. Don't do it.

It's fine in the small claims track, as the downside is limited, but fast track is no place for you on your own.


** starting 28 days after, IIRC.

[Guest]

des8 To the best of my knowledge, a large proportion of claims on the small claims track are dealt with by litigants in person due to the low amounts involved and high equivalent costs of legal representation. The court needs to acknowledge this and themselves comply with the CPR guidelines otherwise the system becomes unfair and makes a mockery of 'justice'.

If the Human Rights Act is to be adhered to and everyone has the right to a fair hearing' (or whatever the wording) then the awards need to reflect that, the court should be more compliant to its own procedures and guidelines and Legal Aid should be available to all that can not afford legal costs. Then it would be fair and everyone would have equal access to justice and more perpetrators punished appropriately.

[des8]

des8 To the best of my knowledge, a large proportion of claims on the small claims track are dealt with by litigants in person due to the low amounts involved and high equivalent costs of legal representation. The court needs to acknowledge this and themselves comply with the CPR guidelines otherwise the system becomes unfair and makes a mockery of 'justice'.

If the Human Rights Act is to be adhered to and everyone has the right to a fair hearing' (or whatever the wording) then the awards need to reflect that, the court should be more compliant to its own procedures and guidelines and Legal Aid should be available to all that can not afford legal costs. Then it would be fair and everyone would have equal access to justice and more perpetrators punished appropriately.

You are venturing into political debate concerning Legal Aid so should be lobbying your MP for a change in its availability

[Guest]

des8 I have done so, but one voice doesn't change the World!

[Guest]

It's not a joke. It's quite sensible, as it encourages parties to settle.

This is what can happen:-

It's a Fast track case, so costs are a major issue. Say you claim £5000. The other side makes you an offer to settle, say for £1000, but you turn that down because you think your claim is worth more than that. The case goes to court, and you win, but you only get awarded £900. (You've been there with the property claim you won recently, but only got a fraction of your claim.)

Because of the earlier offer for more than the award, you are then liable for the whole of the landlord's costs incurred after the date** of the offer. If he has a swanky solicitor and barrister, those costs could be thousands. So, you can win but end up owing the landlord thousands.

These cases are complex, and trained lawyers can run rings round you. Don't do it.

It's fine in the small claims track, as the downside is limited, but fast track is no place for you on your own.


** starting 28 days after, IIRC.

Totally and completely wrong and you have not recognised or acknowledged what happens if the Defendant is massively un-cooperative.
i agreed to mediation, he refused, I sent him a draft consent order which he failed to respond to. I didn't want to go to court, I complied at every stage and costs were not even awarded so where did that get me and how is it meeting the '''over-riding objective'??

[2222]

Totally and completely wrong and you have not recognised or acknowledged what happens if the Defendant is massively un-cooperative.
i agreed to mediation, he refused, I sent him a draft consent order which he failed to respond to. I didn't want to go to court, I complied at every stage and costs were not even awarded so where did that get me and how is it meeting the '''over-riding objective'??

I'm not sure whether you think I'm wrong or the system is wrong?

[Guest]

I'm not sure whether you think I'm wrong or the system is wrong?

The system is wrong and unfair!

[Guest]

I am still considering whether I should (as well as making a new claim) appeal against the judgement, failure to strike out a mess of a WS, failure to award costs etc?
i am running out of time on this..... Only have a week to lodge the appeal so have to do so quickly. I wondered if it's worth me doing this while I wait to see if I get exceptional case funding from the Legal Aid department?

If I don't get funding or funding doesn't cover the appeal process, is this something that a litigant in person could handle?
What are the implications and what happens if I lose? Any help appreciated please?

[2222]

Which cases on costs are you planning to cite in your appeal? I'm sure that people here will be happy to look over your submission.

what you cannot do is simply appeal 'this is unjust' and expert the court to do anything except throw it back at you.

[Guest]

Which cases on costs are you planning to cite in your appeal? I'm sure that people here will be happy to look over your submission.

what you cannot do is simply appeal 'this is unjust' and expert the court to do anything except throw it back at you.

I wouldn't be appealing on the basis that the decision was ''unjust'...... I would be appealing on the following; (although I do need to do some more research)
The judge did not adhere to the CPR guidelines on many points

1) A statement of case / witness statement that is not verified by a statement of truth should be struck out and not relied on as evidence (pursuant to CPR 22.3) If it is allowed an order for costs can be made.

2) The judge removed and devalued some of the items that I was claiming for even though receipts and valuations were provided.

3) I stated in my particulars of claim (N1) that I was forced to flee the property as a result of the behaviour of the Defendant and produced some messages/, screenshots as evidence. The particulars of claim clearly state that I am claiming compensation and interest in addition to the cost of my damaged possessions. I did not specifically put the word 'harassment' but it seems extremely petty to refuse to hear elements of my case relating to harassment simply because the one word was not specifically written in the N1 form.

I did expressly state in my WS that I was making a claim for harassment..... It states the following (in bold) "The Claimant seeks redress for the damage and retention of her belongings under the Torts Interference with Goods Act 1977 S1(c) Harassment under the Protection from Harassment Act 1977 and special damages and redresss under the covenant of '''quiet enjoyment"
Despite this the Judge refused to hear the harassment element and refused costs.

Also the Judge took off £20 in rent that I owed to the Defendant upon fleeing and £40 for the costs that the Defendant claimed for locks to be changed.

I believe that was wrong as well. It was clear that I was at a refuge some 40+ miles from the home of the Defendant, suffering with hideous back pain meaning I was immobile for a time and no access to a vehicle, if the Defendant choose to change the locks that's his perogative, but I was never going to return to the property for my own safety this should never have been taken off my award.
I even provided case law examples of similar cases where tenants fled homes and were successful in pursuing civil claims but the Judge took no notice.

Sorry for the long post, as usual help will be appreciated.

[des8]

if you are going to lodge an appeal you will need a transcript of the judgement.. and that doesn't come free

suggest you have a read here :https://assets.publishing.service.go...rm-204-eng.pdf

[Guest]

Need to know the implications of appealing and losing and how it works? Is it something that a litigant in person could handle ?

[Guest]

The cost of obtaining a transcript shouldn't be a problem. I can't imagine it being too costly. The summing up/judgement was approx 10 minutes I think, may have been less.
Would exceptional case funding be allowed to pursue an appeal?

[Guest]

Would the above points be enough to lodge an appeal??

[pt2537]

Would the above points be enough to lodge an appeal??

The point on CPR 22 is a non starter, youre reading it as absolute when it isnt, the Court doesnt have to strike out the statement of case and indeed it remains effective but just that the party cannot rely on it without leave of the Court