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Small claims court - counterclaim for time

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  • Small claims court - counterclaim for time

    I recently submitted a small claim against a tradesperson. They have sent a response that includes a counter claim for their estimate for the time spent dealing with defending the claim (basically asked for X days at their daily rate).

    I've not come across this before. Is this a permitted claim? i.e. theoretically if I lost my claim is there a risk I'm even further out of pocket?

    Thanks in advance
    Tags: None

  • #2
    This is a claim for costs. Ordinarily, if a case is allocated to the Small Claims Track the loser will not be ordered to pay the winner's costs.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for the quick response.

      This was certainly my understanding of the small claims court process. I know in larger cases there can be claim for costs such as legal fees etc but I was under the impression of the came is below £10,000 then claims for costs are not permitted

      Comment


      • #4
        I can confirm that impression.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Thanks again

          Comment

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