Court Costs

[Penfold92]

Hi,

 

I don't know if anyone can answer this, but hoping maybe one of our law students or experienced battlers may be able to help...

 

I lost a case and was asked to pay Court Costs to the defendant. New information has now come up, but the new information cannot be related to my original POC's...

 

Does this mean:

 

a) I need to continue paying and take seperate Court action

b) Can challenge them on this new info and stop paying and ask for my money back that I have paid so far

c) Makes no odds to anything

 

Thanks,

 

Penfold

[faza]

hi, was the case lost in a small claims court and does the new information give you a better chance if the case was heard again.

[Penfold92]

Ok, well was small claims Court and the Judge agreed that they had probably breached the DPA, BUT because I had not mentioned DPA in my POC's he could not takt that into account. I now have ICO letter confirming breach was probable and in particular the sixth principle.

 

So if I had that letter and DPA was mentioned in my POC's I probably would not have been lumbered with charges at the worst...

[faza]

hi, personally i dont see how the data protection act breach could get rid of the charges, if anything you would have had to make a counter claim for damages using the evidence you had.

 

if you can show that the breach of the data protection act has caused you a loss then you can make a claim for that.

 

 

 

 

I am not a legal expert I might have made mistakes in what i have written. If you have found any mistakes please feel free to point them out. Anything posted on this forum is for discussion purposes only. It should not be considered as legal advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an legal expert who can advise you after finding out more about your situation.

[Penfold92]

Thanks for that, not sure I can make a counter claim as the case is closed as far as the Court is concerned so yes will continue paying and claim seperately I guess...