How do I calculate "loss of earnings" in a small claim?

Ricardo1980

steampowered wrote: »

In light of the advice you've been given, let me explain the following:

- If you take a day's annual leave to attend the hearing, you can claim for loss of earnings. This is widely accepted in the county court system. Contrary to what some posters have suggested you do not need to ask your employer to actually reduce your pay. It is probably best to calculate this as your weekly or monthly rate divided by the number of working days in the relevant period.

- The best way of doing this is to prepare a separate costs schedule setting out the costs you are permitted to claim under CPR 27. This will include the issue fee and hearing fee you paid, as well as your loss of earnings and any travel expenses. You do not need to specify these types of costs in your claim form or particulars of claim.

- It is not true that loss of earnings are only payable in small claims in the case of 'unreasonable conduct'. The CPR specifically allows you to claim for the costs of issuing your claim and loss of earnings (and a few other things) for attending the hearing under the general 'loser pays the winner's costs principle'. It is only extra costs - notably the ability to claim for time spent dealing with the case at £18 an hour which is the litigant in person rate - which are only awarded in cases of unreasonable behaviour. This is all spelt out in the small claims track rules in black and white: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

- It is not true that the judge might cut your claim as a result of claiming valid costs which are due under the Civil Procedure Rules. Court hearings a multi-stage process. The way court hearings normally work is that the judge decides on the actual claim first, gives judgment and only comes to consider what costs should be paid at the end of the process. This is sensible because the costs position obviously depends on whether your claim is successful.

steampowered, that is exactly the info I was looking for. I appreciate your help a lot. Thanks.

Ricardo1980

Hello steampowered,

Sorry to annoy you again, can I ask a question? I have the hearing in a few days and I am preparing everything.

To prove loss of earnings is it enough with 2 or 3 last payslips or do I need a letter from my employer saying I work there with the salary I have?
Apart from this, travelling costs (something like £8) and the hearing fee, as far as I know, right?. The claim fee was already added in the formN1 so I think it is not required.

Thanks a lot.

DoaM

Recent payslips should be fine for proving loss of earnings. But make sure you quote the relevant CPR section ... even judges don't always understand this point.

Your other costs include travel, parking (if relevant). And if the hearing required you to have an overnight stay (unlikely if it's in your local court) then accommodation costs too.

The hearing fee would normally be rolled into the claim? Or is this considered at the costs part?

steampowered

Ricardo1980 wrote: »

To prove loss of earnings is it enough with 2 or 3 last payslips or do I need a letter from my employer saying I work there with the salary I have?

There is no rule in the CPR stating what evidence you should bring. You have to use common sense. The last couple of payslips sounds sensible to me.

Apart from this, travelling costs (something like £8) and the hearing fee, as far as I know, right?. The claim fee was already added in the formN1 so I think it is not required.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 sets out what you can claim.

The issue fee is specified in the form N1. Don't forget about the hearing fee you would have paid alongside your directions questionnaire.