Which costs are recoverable in small claims court?

[steampowered]

Hi

 

Please read http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

 

To answer your questions:

- you can claim court fees

- you can claim your travel expenses

- you can claim your witness' travel expenses

- you can claim loss of earnings up to a max of 90 quid

 

You need the court's permission to use an expert report in small claims and there are special rules surrounding experts (e.g. they have to be impartial and in small claims would normally be appointed as joint expert acting for both parties). You can always chance it but technically you can only get the cost of this back if you have court permission. The court wouldn't normally grant permission to use an expert if the cost would exceed the cost of the claim.

 

There is no need for strict proof. In civil courts the judge will decide things on the balance of probabilities. If an accountant's report would cost more than the size of the claim its probably not worth getting the report.

[steampowered]

The supermarket would be entitled to refuse to engage in correspondence once they had given a proper response to your letter before action. Otherwise, I'd say that refusing to engage in correspondence is unreasonable. I would say that refusing to investigate the 'substantial payment' is unreasonable.

 

Making false allegations is unreasonable conduct if there is no evidence to support the allegation. In practice, the court is often not that interested in general mud-slinging between the parties.

 

I don't think the mediation thing is unreasonable. Sometimes the offer at mediation can be lower because the defendant has already incurred legal expenses.

 

These things are not enough on their own. But together they paint a damning picture. I think it is worth having a stab at claiming costs.

 

I suggest preparing a short costs schedule with an estimate of the time you have spent on this case and multiplying that by the LIP rate. You shouldn't underestimate your costs - they may well exceed the value of the claim itself if this is a case taken on principle. If you win the case, invite the judge to award costs on the basis of CPR 27.14(2)(g) and explain why. As it sounds like you would be relying on some of the letters exchanged before the case you should have those letters with you.

[steampowered]

Thanks.

The first response I got to anything (other than go away or get your solicitor to contact us) was after the claim was issued, they totally ignored initial letter, reminder and LBA.. Since then they've submitted a defence and that's it other than making unfounded allegations.

That sounds like unreasonable behaviour to me, and a flagrant breach of the pre-action protocol. Go for costs if you win - claiming costs in small claims is a bit of a lottery but it is certainly worth trying in a case like this.

[steampowered]

Why can you not claim for all the time you have put in. if you are taken to court and loose you can hit for costs for £500-1000 so why can't we if we win. i am just wondering what rule says you can not charge for your time,

 

The rules are pretty much the same for defendants and claimants.

 

Time costs are generally not awarded in the small claims track which deals with claims under £10k. Costs are awarded to the winning side in the other tracks.

 

You can sometimes get time costs if the other side behaves unreasonably, but this is rarely awarded.