Small claims issue - help
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Reply 20
Original post
by Kutie KarenDoes anyone know the answer to this?
If its on a small claims track to the best of my knowledge there are no costs for the claimant, barring a hearing fee of £59 and whatever the fee was for making the claim (depends on the amount). Judges can rule you to pay money to the other side if they think you've done something unreasonable etc. The defendant has to pay their own legal fees, and again if the claimant had to pay for legal fees i don't believe the other side is liable if the claimant wins.
Reply 21
Original post
by civicpride2506If its on a small claims track to the best of my knowledge there are no costs for the claimant, barring a hearing fee of £59 and whatever the fee was for making the claim (depends on the amount). Judges can rule you to pay money to the other side if they think you've done something unreasonable etc. The defendant has to pay their own legal fees, and again if the claimant had to pay for legal fees i don't believe the other side is liable if the claimant wins.
Any update OP?
Reply 22
Original post
by EnigmaChessAny update OP?
I dropped the case back in like March. I overlooked something when making the claim. Basically in the confusion of all the varying potholes on that stretch of road, I thought the one I hit was the one they knew about for several years, when in fact it was not recorded at all. Whilst I could prove it existed since 2018 thanks to google maps, I didn't believe the burden of proof was high enough for me to win, even if i could it would mean i unintentionally lied in my statement, because i declared they had known about it when in fact they hadn't. maybe i overthought it but i just couldn't be dealing with the aggravation, so i approached the council's paralegal team and suggested if i agreed to drop the claim and any future claims relating to the pothole, would they agree not to charge me any legal costs, they agreed and so case closed. shame but as a student i have enough to deal with without thinking about legal fees.
Given most small claims are against individuals or small companies, legal fees don't really come into it as most self represent
I'd still recommend the small claims process just make sure you understand it.
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