Put off by costs in a County Court

[heisenberg]

Hi all,

I understand that the Supreme Court has recently found that Employment Tribunal fees are unlawful and unfair.

I have had many discrimination claims that I considered issuing at a County Court but have always been put off by the risk of costs. I understand discrimination claims are usually not assigned to the small claims track which means that there is a serious risk of costs if one loses. This could many several thousand pounds in an adverse costs order (far more than Employment Tribunal fees used to be).

Discrimination claims are also very fact sensitive and, more often than not, open to a considerable degree of interpretation by a judge. I imagine many people are put off by the risk of costs, something I imagine sits very comfortably with service providers.

Is it just me or is there a serious problem with access to justice in this regard?

[warwick65]

Re: Put off by costs in a County Court

I don't think it is just you.

The are massive inequalities about access to justice in this country, I could write you pages on it. These inequalities can start before birth and don't just cover access to justice but also health, education, achievement, housing - the list goes on.

Sadly there are too many lemmings who blindly vote for the two main parties who have, certainly for the past 40 years been pretty much as bad as each other when in power

[heisenberg]

Re: Put off by costs in a County Court

I don't think it is just you.

The are massive inequalities about access to justice in this country, I could write you pages on it. These inequalities can start before birth and don't just cover access to justice but also health, education, achievement, housing - the list goes on.

Sadly there are too many lemmings who blindly vote for the two main parties who have, certainly for the past 40 years been pretty much as bad as each other when in power

Agreed. I think the Tories take the cake though! They are the ones who introduced Employment Tribunal fees. Labour pledged to scrap them in their manifesto.

[slainte caragh]

Re: Put off by costs in a County Court

I admit I am tempted to do it.

I am literally sitting here thinking, household income about 10k, only wage earner, how the hell do I afford a lawyer?!?

If i lose how do I pay the fees off and will they take my side against a BIG company??

catch 22, you have to work to live, but you cant help yourself cos you cant afford to

[heisenberg]

Re: Put off by costs in a County Court

I admit I am tempted to do it.

I am literally sitting here thinking, household income about 10k, only wage earner, how the hell do I afford a lawyer?!?

If i lose how do I pay the fees off and will they take my side against a BIG company??

catch 22, you have to work to live, but you cant help yourself cos you cant afford to

Yeah, I know what you mean.

In answer to your question regarding impartiality, I suspect they won't be impartial. County Court judges ultimately cover their own backs and a large company has all the resources to challenge their decision. You and me don't.

The justice system in this country clearly favours the rich and the privileged.

[slainte caragh]

Re: Put off by costs in a County Court

At the moment I am pondering taking them to court for injury as I went to an un needed Occupational Health assesment and got told I now have a trapped nerve in my right arm and my condition is worsened due to a breach of duty of care..

can i afford it if it goes tits up??

Nope

[heisenberg]

Re: Put off by costs in a County Court

At the moment I am pondering taking them to court for injury as I went to an un needed Occupational Health assesment and got told I now have a trapped nerve in my right arm and my condition is worsened due to a breach of duty of care..

can i afford it if it goes tits up??

Nope

I take it this is a County Court claim? If it is, you may be able to get it assigned to the small claims track but if your claim gets struck out before assignment you could face a massive legal costs bill.

[slainte caragh]

Re: Put off by costs in a County Court

I honestly have no idea atm I have never even contemplated this before but right now I am at my wits end!!!

even the assesor at the Occ Health hinted toward it telling me to DSAR the company as "it might be worth it in the long run!"

[heisenberg]

Re: Put off by costs in a County Court

I honestly have no idea atm I have never even contemplated this before but right now I am at my wits end!!!

even the assesor at the Occ Health hinted toward it telling me to DSAR the company as "it might be worth it in the long run!"

I certainly know what it is like to be at my wits end.

You should research the type of claim you may be able to bring. You need to be mindful that there are time limits.

If you have a strong case then it might be worth trying to find a "no win no fee" solicitor but even that carries risks.

[slainte caragh]

Re: Put off by costs in a County Court

might try that, the threat might make em act!!

[ADDLED]

Re: Put off by costs in a County Court

Agreed. I think the Tories take the cake though! They are the ones who introduced Employment Tribunal fees. Labour pledged to scrap them in their manifesto.

Balls! Labour pledged not to bring in university fees... the LibDems pledged not to increase them. ('cough, cough.. choke!') You can cherry-pick all you like, theyre all as bad as each other.
You can blame the bad old Tories all you like, but at least they tell you when they're gonna kick you in the balls before they do, rather than lie and then stab you in the back whilst smiing at you and trying to hug and kiss your baby for a photo opp.

Corbyn pledged a lot in his 'manifesto' and has since back-tracked on a lot of it. Oh... the abolition of university fees was a particular one. "Oh... um... well i wasnt quite sure it would cost so much so... umm...."

(Apologies... I thought i was back on the DailyFail website for a minute.)

[heisenberg]

Re: Put off by costs in a County Court

Balls! Labour pledged not to bring in university fees... the LibDems pledged not to increase them. ('cough, cough.. choke!') You can cherry-pick all you like, theyre all as bad as each other.
You can blame the bad old Tories all you like, but at least they tell you when they're gonna kick you in the balls before they do, rather than lie and then stab you in the back whilst smiing at you and trying to hug and kiss your baby for a photo opp.

Corbyn pledged a lot in his 'manifesto' and has since back-tracked on a lot of it. Oh... the abolition of university fees was a particular one. "Oh... um... well i wasnt quite sure it would cost so much so... umm...."

The facts are there for all to see - the coalition Government brought in ET fees and Labour tried to get rid of them.

I wouldn't take too much notice about what the right-wing press have to say about the whole university fees debacle. In any event, it is plain to see whos interests the Tories protect and it certainly not the ordinary person who is struggling to get by.

[slainte caragh]

Re: Put off by costs in a County Court

at the end of the day all politicians are liars.

I go with the Billy Connolly school of voting, if you wouldn't buy them a drink in a bar, DON'T vote for them!

The fact remains, regardless of your political leanings, the cost of most court cases is so ridiculously high that Joe and Jane Bloggs cannot afford it. I would love to take my company to court but can't afford it basic as. Also I cannot afford to lose my job with no where else to go so I'm over a barrel!

[warwick65]

Re: Put off by costs in a County Court

Lets face it, until the Bitch ( the most devisive PM in modern British Political history)l was elected in 1979 there had been very much a post war consensus with new right/neo liberal ideologies almost non existent although some argue heath played with the idea as 'Selsdon Man' while it has been argued that Callaghan was forced to move to the right by the IMF and the bailout.

Thatcher managed to manipulate the working class into thinking they were MC by allowing them to buy their council houses and a few shares. She also screwed the economy by allowing rampant inflation - due in part to the WC buying their Council homes and cashing in on their share windfalls which led to high interest rates, low investment , high unemployment etc

Bourdieu and Passeron are an interesting read if a bit dry but ain't most theoretical articles

I have to ask, are we in the middle of a political shift not seen since 1979 ?

Her only saving grace is that she was pro Europe, Pro single market and Pro freedom of movment.

She was also a liar who claimed she did not even consider privatisation of the NHS but was later it was recvealed to be a lie

[heisenberg]

Re: Put off by costs in a County Court

Lets face it, until the Bitch ( the most devisive PM in modern British Political history)l was elected in 1979 there had been very much a post war consensus with new right/neo liberal ideologies almost non existent although some argue heath played with the idea as 'Selsdon Man' while it has been argued that Callaghan was forced to move to the right by the IMF and the bailout.

Thatcher managed to manipulate the working class into thinking they were MC by allowing them to buy their council houses and a few shares. She also screwed the economy by allowing rampant inflation - due in part to the WC buying their Council homes and cashing in on their share windfalls which led to high interest rates, low investment , high unemployment etc

Bourdieu and Passeron are an interesting read if a bit dry but ain't most theoretical articles

I have to ask, are we in the middle of a political shift not seen since 1979 ?

Her only saving grace is that she was pro Europe, Pro single market and Pro freedom of movment.

She was also a liar who claimed she did not even consider privatisation of the NHS but was later it was recvealed to be a lie

Theresa May is a complete sociopath. It really boggles my mind how people carry on voting for her. She couldn't even grasp the fact the it wasn't a budget deficit that caused Greece financial problems yet bases her ruthless and ideological austerity agenda using this as the main argument:

https://www.facebook.com/TheDailyPol...5324287923094/

That is just one example but the list is endless.