[Misc] Legal advice

[essbee1]

If there is anyone who knows the law out there, I'd be grateful for some advice.

My Dad has just won a court case in Brighton and he is entitled to claim sundry expenses (not legal expenses) off the
other party, since they pursued the action against the advice of the presiding judge (or whatever they're called). So, the
other party only have themselves to blame really for this outcome.

What is the scope for claiming expenses? What is reasonable, pushing it or downright taking the
p***?

I guess there's the obvious things like transport costs and daily subsistence expenses for the time it's
taken. Is there anything which is reasonable to claim for? Does anyone have any past experience
of these things?

Thanks in advance

 

[SweatyMexican]

My advice is to not ask legal questions on NSC, or anywhere on the internet.

 

[symyjym]

I am guessing this is small claims?

 

[essbee1]

I am guessing this is small claims?

Yes. Correct. Ta.

 

[symyjym]

Yes. Correct. Ta.

Keep it reasonable and just be happy that you won would be my advice. It's a shame one cannot charge for ones own time, but anything unreasonable might make payment slower if there is dispute over it.

Overthinking what is ok and what is not is quite time consuming and you really want to put these things to bed and not dwell on it any further.

I think I am right in saying that even if you have won the case, if whoever goes bankrupt and has nothing of value, you may not get paid anyway. Keep it simple and finalise everything as quick as possible.

 

[symyjym]

Keep it reasonable and just be happy that you won would be my advice. It's a shame one cannot charge for ones own time, but anything unreasonable might make payment slower if there is dispute over it.

Overthinking what is ok and what is not is quite time consuming and you really want to put these things to bed and not dwell on it any further.

I think I am right in saying that even if you have won the case, if whoever goes bankrupt and has nothing of value, you may not get paid anyway. Keep it simple and finalise everything as quick as possible.

p.s. I am not a legal advisor, this is just how I would play it after my experience with small claims.

 

[PILTDOWN MAN]

Only time it happened to me the judge had a chat with me, we decided on a figure and directed the other side that was the costs in my favour. It covered everyday expenses

 

[Gazwag]

If there is anyone who knows the law out there, I'd be grateful for some advice.

My Dad has just won a court case in Brighton and he is entitled to claim sundry expenses (not legal expenses) off the
other party, since they pursued the action against the advice of the presiding judge (or whatever they're called). So, the
other party only have themselves to blame really for this outcome.

What is the scope for claiming expenses? What is reasonable, pushing it or downright taking the
p***?

I guess there's the obvious things like transport costs and daily subsistence expenses for the time it's
taken. Is there anything which is reasonable to claim for? Does anyone have any past experience
of these things?

Thanks in advance

https://www.citizensadvice.org.uk/l...small-claims/going-to-a-small-claims-hearing/

Getting the court’s decision
The judge will give their decision or ‘judgment’ at the end of the hearing and briefly explain the reasons. If the case is decided without a hearing or one side doesn’t attend, the court will send a copy of the judge’s reasons to each side.

If you win, the judge will order the defendant to pay you. You could get:

some or all of what you claimed
interest from the date of the court order until the defendant pays you if the judge awards you more than £5,000
expenses like court fees, reasonable travel expenses and up to £95 in lost wages for you or your witnesses
up to £750 if you had to pay for an expert
any fixed costs you put on the claim form
the costs of legal advice and preparing the case up to £260 if you got an order that the defendant must do something - like carry out repairs

 

[essbee1]

Thanks all - very useful

 

[LadySeagull]

In the court cases v parking scam firms I deal with, where 99% of victims win, you have to ask the Judge at the end of the case for your costs (before you leave the room) and should have filed & served a costs schedule in advance, ideally.

If he's won the case in person at a hearing then that was the time to get an order for costs IMHO.

Where people forget, sorry to say they haven't had much luck by writing to the court after the event, and can't just send a random costs list to the losing party unless your Dad was told at the end by the Judge that he would order his costs in his favour and has given him a date by which to file & serve a costs schedule?

The 'Litigant in Person' hourly rate for research, reading and preparing the case is £19 per hour. And loss of salary/leave for attending a hearing is capped at £95 per day IIRC, plus he can claim his travel & parking to get to the hearing.

Unless the other side's conduct was deemed 'wholly unreasonable' then he can't claim higher than the above in most cases.

I say this as a non legally trained person, so it is not legal advice.

 

[essbee1]

In the court cases v parking scam firms I deal with, where 99% of victims win, you have to ask the Judge at the end of the case for your costs (before you leave the room) and should have filed & served a costs schedule in advance, ideally.

If he's won the case in person at a hearing then that was the time to get an order for costs IMHO.

Where people forget, sorry to say they haven't had much luck by writing to the court after the event, and can't just send a random costs list to the losing party unless your Dad was told at the end by the Judge that he would order his costs in his favour and has given him a date by which to file & serve a costs schedule?

The 'Litigant in Person' hourly rate for research, reading and preparing the case is £19 per hour. And loss of salary/leave for attending a hearing is capped at £95 per day IIRC, plus he can claim his travel & parking to get to the hearing.

Unless the other side's conduct was deemed 'wholly unreasonable' then he can't claim higher than the above in most cases.

I say this as a non legally trained person, so it is not legal advice.

Thanks LadySeagull - very useful.