Small claims costs

muckles

Hi ,I am about to take a claim against a company to the Small Claims procedure on the internet.If the case goes against me what costs can the other company claim back from me?
I believe the case is a strong one and the company has refused to settle the matter despite being given several opportunities to do so.
Any information would be appreciated.I have checked the courts website but it is vague on how much I could be in for if my case fails.
Thanks

Takecareofthepennies

From memory, I think they could only claim for travel cost, not for their time or legal representation - as long as the court accepts it for the small claims procedure. I found the info on the moneyclaim online website quite clear when I had to use it some time ago.

crazyguy

it all depends on wether the Company you are taking to Court either try and defend it or counter claim against you.

Basicaly if you feel your case is pretty much 100% water tight then go for it as it will be the Judges verdict at the end of the day, but you do need to be 100% before considering this, as if there is any doubt against your claim the Judge could rule that you were wrong to bring the case to Court and award them all legal costs, it is uncommon but has happened a few times.

Optimist

Cost against in a small claims action are limited and rare.

They are covered in part 27 of the Civil Procedure Rules. Usually they would be, reasonable travel costs, limited costs for lost earnings and limited cost for expert witnesses.

The stinger would be if the court believes you have acted unreasonably then it may become costly for you as the court may order costs against you and if the other side has employed counsel very costly.

Difficult to define unreasonable tends to be what the judge thinks but it tends only to be awarded if the litigant is errm shall we say, over enthusiastic and pursuing a case that is bound to fail

Given you are pursuing a case against a company as opposed to a individual then the case would be heard in your home court. The theory being that you are a member of the poor downtrodden masses and a company can afford the extra costs involved in defending a action away from their home court