Do I have a case or shall I just pay it? Galdstone letter

hopsfield

So I will email Skeleton and cost schedule - first thing tomorrow to the other solicitor. and drive to court to hand in a paper copy of these documents (or email it using moneyclaim.gov?) would that be ok? or considering the narrow time frame it makes no difference now?

Coupon-mad

(or email it using moneyclaim.gov?)

No because it's not at the CCBC any more, it's at your local court.

Loadsofchildren123

If you phone the court they'll give you an email address - or it will be on their website. Say in the header of the email that it's for a hearing on Friday.

Loadsofchildren123

Sorry, didn't answer your question.

Costs schedule: do file and serve this morning. My reading of the rules is that it can only be a "summary" costs order (a fixed amount, rather than an order that you get your costs, sum to be agreed or assessed later) in small claims. There's another rule that says if you go for summary costs then you have to file and serve a costs schedule 24 hours in advance. So I would serve this.

Skeleton: I'd also serve and file it to avoid them making a fuss that you are putting in something new and they want an adjournment. If they do this you have to tell them it's a summary, it's nothing new. [Is there anything new in it? If that was because they included new things in the bundle then you'll have to point that out]. We'll deal with that if it comes to it.

hopsfield

what is the maximum I can claim back? As English is not my first language I easily spent over 30 hours researching everything but that brings the costs to over £300? Is there a limit ie not more then the claim amount?
Thanks

hopsfield

also how much can I claim for the loss of earnings/leave? is it my daily salary? inc/ex taxes?

DoaM

All you can claim are provable costs ... like a day's wages (up to £95) for attending court, stamps, envelopes, paper for letters, printing costs for your court bundles, fuel/travel costs for attending court, parking costs (if relevant ... ALWAYS a good one to include in a PPC court case), etc.

Non-provable costs like research are rarely awarded unless the judge allows a damages award for the other side's unreasonable behaviour - it doesn't happen very often.

The_Deep

Non-provable costs like research are rarely awarded unless the judge allows a damages award for the other side's unreasonable behaviour - it doesn't happen very often.

But it can happen, do some research, read CPR 27.14(2)(g)

Clearly, many PPCs and their representatives act in a most unreasonable manner, the lie, they ignore questions, they fail to follow courts' procedures, they fail to do due diligence, they employ people who cannot speak in court. It is always worth a try. Be prepared to argue your case robustly.

Loadsofchildren123

Don't bother putting in 300 hours, but there is a legal doctrine that you take your victim as you find him, and so they have to accept that fact that English is not your first language, and also that a litigant in person will spend way longer on research and drafting than a lawyer will.
Take each document and allocate to it a reasonable number of hours.
Split each hour into 10 parts of 6 minutes (what lawyers do).
Claim form: 12 minutes
Research rules regarding time limits for acknowledgement/defence: 12 minutes
Draft and file Acknowledgement: 12 minutes
Draft and file Defence, including legal research: 5 hours
Other party's witness statement: 12 minutes (I assume it was short)
Draft my witness statement, including research into relevant laws and CPR: 5 hours
Considering new documents provided by Claimant in court bundle: 2 hours?
Further research as a result of new documents provided by Claimant: 2 hours
Drafting Skeleton Argument, obtaining further documentation, compiling bundle. Including further research into case law and CPR: 3 hours
Correspondence with Claimant: [how much was there? 1 hour's worth?]
Attending court, including travel: say 2 hours at court plus ? for travel


Disbursements [ie direct costs]:
travel to/from court (petrol at xp per mile):
parking at court for 3 hours: £x
Copying (court bundle, Skeleton): at 20p per page, x pages: £x
Stationary (3 ring binders, paper, envelopes): £x
Loss of wages: £95 [this is the maximum you can get - it's in a practice direction of the CPR somewhere, I'm sure it's been mentioned on this thread already]


Note: Defendant's first language is not English, so allowance should be made for this

Total: £


Hope this info is not too late

Loadsofchildren123

Remember to look tonight at the regulations concerning rights of audience (the right of a lawyer to appear in court and argue on behalf of a party).


The PPCs usually send "self employed" lawyers who are not part of a firm or a chambers and who are therefore unregulated by the bodies who regulate lawyers - therefore their rights of audience are restricted.
Many Defendants are successfully doing this - the result is their representative is not allowed to speak. At all. you then present your case and it's almost a given that you win (Judge will consider their documents but hear no further argument from them).


A link to these was posted on KimmyHrunt's thread yesterday at around lunchtime by Umkomaas. Print out the relevant documents, make sure you understand what they say and the very first thing to do is to ask who the representative is and whether they are employed by a firm or part of a barristers' chambers, or are self-employed