Am I going to be sued ?
- Thread starter mkb
- Start date
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Jeds, I'm sure the judge wont know if she refused a reasonable offer...at mediation as it's confidential or do you mean an offer before court and how does that work if it is appropriate in this case ?
The award of costs is at the discretion of the judge. Civil procedures rules limits the costs in small claims courts so it usually isn't that much but with her appointing solicitors etc. it still might be enough to hurt. If you offer her an amount to settle the matter and she is awarded less than that offer it will be deemed that she has wasted court time. If the judge believes her claim was technically valid but trivial or unreasonable (or both) then she may win the case but have costs awarded against her. The judge won't know what you offered until after the decision so it shouldn't influence the decision. But it should be put in writing even of it is rejected. Of course you can make an offer on the steps of the court so you might want to take an offer letter with you.
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Thanks for reply jeds, but I hope you're wrong on at least one point...I've been told all along legal fees on either side cannot be claimed in the Small Claims Court. The only costs I've been lead to believe I'm liable for are Solicitors £80 fee to apply to the court and a couple of further applications / cost to court ( bout £200 ) plus 8% interest on the money she's claiming, which I believe is standard BUT certainly not her legal fees which I HOPE she's paying or more likely she has an insurance policy.
She can also claim for witness costs and any expert costs. So that would include her decorating advisors etc. It's unlikely she will turn up with nothing. Otherwise she wouldn't have much of a case. She'll say it wasn't done right and you'll say it was. How will the judge know who is right. No, her solicitors will advise her to get a report from an expert. And that will cost you. I do reports all the time. Sometimes instructed by the court and sometimes by solicitors. They cost at least five hundred quid - depending.
rjm2k I do have liability insurance for work and it gives me a free helpline for legal advice...used it..waste of time. The insurance apparently only covers me for legal help if the claim is for more than £5000...or at least that's what they said.
jeds it appears she has no expert witnesses but I believe their costs would be limited to £250 if they had to come to court. She has photos, which mediation mentioned, photos which I believe do not incriminate me but actually, touch wood help my case. For example three photos show her pulling at the seams and guess what ?.....the paper comes off...well don't bloody pull the seams !! The pattern ' lost' in the corner as you enter the room..she says it's mismatched. Anyway I'm hoping I can convince the judge if it goes to a full hearing that I should buy her a tub of border adhesive for £3 !!
I think the fact that a judge has allocated it to an actual hearing suggests that neither party has an impossible case.
Thanks all for your input ....it does help share the burden.
jeds it appears she has no expert witnesses but I believe their costs would be limited to £250 if they had to come to court. She has photos, which mediation mentioned, photos which I believe do not incriminate me but actually, touch wood help my case. For example three photos show her pulling at the seams and guess what ?.....the paper comes off...well don't bloody pull the seams !! The pattern ' lost' in the corner as you enter the room..she says it's mismatched. Anyway I'm hoping I can convince the judge if it goes to a full hearing that I should buy her a tub of border adhesive for £3 !!
I think the fact that a judge has allocated it to an actual hearing suggests that neither party has an impossible case.
Thanks all for your input ....it does help share the burden.
Not wanting to revive an old thread and go over all that's been said again but I was just curious how mkb got on and if there was any outcome yet?
Hi all,
Well.....court date was set for January. Got involved in mediation. it wasn't face to face it was over the phone. I spoke to mediation..they put the phone down and spoke to her lawyers...then got back to me etc., over the course of two days.
I didn't want to pay anything ...obviously. Her side wanted £2800 all told. The outcome was i settled out of court and payed £800. It was a difficult decision, many sleepless nights deciding at what figure we stop at before taking a chance in court.
So there you have it...my main concern was a CCJ and her bad mouthing me around the area and damaging my reputation. But we can talk all day about her having done that anyway...am I admitting fault by paying something...is she admitting she was wrong by not going to court for the full £2800 she was seeking etc., etc.,
Well.....court date was set for January. Got involved in mediation. it wasn't face to face it was over the phone. I spoke to mediation..they put the phone down and spoke to her lawyers...then got back to me etc., over the course of two days.
I didn't want to pay anything ...obviously. Her side wanted £2800 all told. The outcome was i settled out of court and payed £800. It was a difficult decision, many sleepless nights deciding at what figure we stop at before taking a chance in court.
So there you have it...my main concern was a CCJ and her bad mouthing me around the area and damaging my reputation. But we can talk all day about her having done that anyway...am I admitting fault by paying something...is she admitting she was wrong by not going to court for the full £2800 she was seeking etc., etc.,
Nobody need to know, make confidentiality that part of the deal.
Nasty thing to say. But in character.
Nasty thing to say. But in character.
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Glad it's all over mkb.
Put it to bed and welcome back to the rest of your life!
Put it to bed and welcome back to the rest of your life!
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