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The Real Cost of Going to Court

By: Abigail Taylor - Updated: 17 May 2018 | comments*Discuss
 

When making a claim, it is always important to consider; How much will it cost me to take the matter to Court? Will I get my money back if I win?

It is a popular myth that if you are successful at Court, you will recover all your money and costs. Unfortunately the reality isn't that simple.

Enforcing a Judgement

Even if you have a judgment from the Courts in your favour, you need to enforce it. If the Defendant has no money, you may not be able to do so.

Before you make a claim, consider carrying out some checks.

  • You can check if someone is bankrupt at www.bis.gov.uk/insolvency or by calling the Insolvency Service on 0845 602 9848.
  • You can check if someone already has unpaid County Court Judgments (CCJs) by contacting the Registry Trust at www.registry-trust.org.uk or on 020 7380 0133.

Small Claims

The Small Claims Court deals with claims for sums up to £10,000 or personal injury claims worth less than £1000.

Not recoverable

Solicitors' costs are not recoverable in The Small Claims Court even if you win. Therefore for assistance with your claim, it is best to seek free advice at your local Citizens Advice Bureau as solicitors' costs could easily be higher than any sum recovered.

Only recoverable if you win

Some costs you will have to pay upfront to commence or pursue your claim. You will get these back if you win, but of course at if you do not, you have paid out more money and not recovered any. Costs in this category include:
  • Court Fees - You will have to pay court fees of £25 to £245 depending upon the sum claimed to issue your claim, and then a further £25 to £325 if it goes to a hearing. (You may be exempt from paying court fees if you are in receipt of Jobseekers Allowance or Income Support.)
  • Expert Evidence - To pursue a claim, particularly for a personal injury, you may need expert evidence such a medical reports. £750 is the maximum recoverable amount even if you are successful.

Larger Claims

If your claim is for over £10,000 or a personal injury worth more than £1000, you will be entitled to recover reasonable solicitors' costs if you win.

The Defendant (or their solicitors) can however challenge costs even if they lose. Defendants rarely pay the whole costs sum claimed. Be warned: This may mean that your solicitors look to you to pay the difference between that recovered and their total bill. You are however also entitled to challenge your solicitors' costs.

TIP: Ask to see all copy correspondence with the Defendant's solicitors re why they are not paying the full costs sum claimed. You can then rely on the same arguments as to why you should not have to pay the remainder (e.g. duplication of work).

What is a "No Win - No Fee" agreement?

If you don't win your case, under this type of agreement, you won't pay your solicitors' costs. As is often the case, this sounds too good to be true - be aware of the "catches"!
  1. You may still have to pay other costs up front before you know your chances of success. These costs include Land Registry Search charges, medical report costs and GP records charges. They are however generally recoverable if you win.
  2. As detailed earlier, you may be expected to pay the difference between any recovered costs and your solicitors' total bill.
  3. Check whether the agreement has a "success fee". This is an additional sum that you will have to pay your solicitors if you win. For money claims this can be as high as 100% uplift on their costs. For personal injury claims this is capped at 25% of your damages, on top of their costs. This is not recoverable from the other side, even if you win.
  4. If the Defendant makes a "Part 36" settlement offer, speak carefully to your solicitors about the potential cost consequences of this. Even if you win, if you do not beat the offered sum, you will have to pay some of the Defendant's solicitors' costs!

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Chesterfields Direct furniture (bespoke made Regency Style Computer Desk and bookshelf) which I bought 11/2017 was tested in an UK independent laboratory to measure the formaldehyde emissions: formaldehyde concentration is 110 mg/m³. The company ignores any written communication. Is there a chance to win a case in small claims court?
Tatiana - 17-May-18 @ 12:03 PM
@:Nina1 - It's a tricky question. Obviously, you would have had the opportunity to examine the wall before you signed anything and therefore this works in favour of the delivery company. But, if you found damage you didn't observe previously, you would have to try to prove as best you can that this was the delivery driver's fault in order to have a chance.
GrahamM - 19-Apr-18 @ 1:00 PM
A delivery company knocked my wall down. The driver had me sign a disclaimer before he brought the heavy item over my garden wall to say the company are not liable for any damage caused by bringing the item over the wall. When he was leaving i noticed the damage to the opposite side of the wall. It was caused by the van reversing into my wall. I asked the driver if he did it before and he admitted it to me. So i called his company. They are denying it was caused by the driver because I’d already signed his disclaimer to say no damage to the property. How ever i know he did it and so does he! He was so deceitful. Does my claim stands a chance in a small claims court.
Nina1- - 17-Apr-18 @ 3:19 PM
We need help. We responded to a claim against us and sent in our evidence. However they claim they never recieved this and now the bayliffs are threatening us. They are also saying they are taking us to a hearing and it will cost us £500 of we want to defend ourselves. What can we do?
large - 11-May-16 @ 4:09 PM
If I loose my cases as a defendant I'm on benfitt how will I pay it
Rowey - 1-Dec-15 @ 5:34 PM
I have been told that I am to be the defendant in a small claim action. The plaintiff has given me a couple of days notice and the claim is without merit. If I do receive the forms can I make a counterclaim for the time it is taking me to defend it? What can a reasonable counterclaim consist of? Thank you for you help.
scquestion - 11-Sep-15 @ 5:49 PM
Had a judgment order for a claim passed in court,giving the other party until 26aug to pay money ordered.I have not received any payment ,and the website for assistance is down.not sure how to proceed? Thanks janet
None - 29-Aug-15 @ 9:04 PM
I went to court in July and my lawyer didn't tell me my legal aid hadn't gone through until I was found not guilty
Kazza - 6-Jan-15 @ 10:14 AM
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