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[BazzaS]

What track of the County Court has this been allocated to?

if small claims track, costs of £1270 would be ‘reaching’: how have they broken it down?

 

By all means put in for costs, but only those you can justify when asked!

[BazzaS]

Personal detail (name) showing. Post reported so site task can hide it

Edited December 13, 2022 by BazzaS

[BazzaS]

“Reaching” as costs in small claims track are strictly limited.

Approx £100 for solicitors, and counsel (barristers!) fees for small claims track : no way judge should allow…….

I’d suggest they are trying (unreasonably) to scare you.

Edited December 13, 2022 by BazzaS

[BazzaS]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

CPR 27.14

counsel’s fees for small claims track?

you’d have to:

a) lose, and even then

b) have to have behaved unreasonably,

for them to stand a chance.

 

I suspect they are “Willy-waving”.

Bring it to the judge’s attention and wonder out loud if the person who attached the statement of truth to it was:

a) trying to mislead you, or

b) trying to take advantage of you being self-represented, or

c) they made a mistake by not appreciating the costs implications of the small claims track, but if this is the case, should their costs application be rejected in it’s entirety even if they win!

[BazzaS]

That’d be another grounds to oppose such a costs schedule : wholly disproportionate to the value of the claim.

 

Unless, of course, the barrister isn’t going to turn up, on the basis of “inability, as the application to have the case heard remotely was turned down”. Shocked, I’d be, if they went for such shenanigans!!

Edited December 13, 2022 by BazzaS

[BazzaS]

You’d only be liable for (limited) costs if you lose.

Sending a barrister from a way away for a £700 claim: disproportionate, so even if you lose the judge should ridicule any attempt to recover those costs.

[BazzaS]

Totally your call on re-issuing, but:

a) as a self-represented litigant against a large business : will almost certainly be allocated to your local county court, not theirs

b) it is a lot of work, but you’ve done most of it already, so will it be the same amount on a repeat claim?

 

Would a low risk approach be worth sending them a repeat Letter of claim (on your daughter’s behalf) and seeing if they fold based on them having seen the strength of the original claim (with the technicality of the claimant resolved)?