can i make a claim for criminal defence cost in the small claims court?

steampowered

I had thought that an acquitted Defendant would get a Defendants Costs Order? Did your solicitor tell you why your costs were not recoverable?

I don't think you could claim for your legal costs in a separate civil case. Unless I suppose you could prove that your spouse told the police something which was objectively untrue?

You could claim for your property though if she has it and is refusing to give it back.

Best way to do this is by asking to arrange a suitable time to get your stuff back in a formal letter. If you do it in a proper letter rather than asking by phone, you have the evidence needed to disprove allegations of harassment.

SuzieSue

steampowered wrote: »

I had thought that an acquitted Defendant would get a Defendants Costs Order? Did your solicitor tell you why your costs were not recoverable?

Yes, the OP said he did but it was only a fraction of what he spent.

Sea_Shell

This scenario really worries me. What if you are wrong place/wrong time and get charged with something really serious. ...legal fees could wipe you out financially.

Person_one

Sea_Shell wrote: »

This scenario really worries me. What if you are wrong place/wrong time and get charged with something really serious. ...legal fees could wipe you out financially.

Yes, the 'coalition' started slashing legal aid pretty much as soon as they got their feet under the table, nobody really seemed to notice or care unless they were personally affected though, as is the case with a lot of the terrible cuts to services in the last few years.

Figaro2016

My last written contact with my ex was an email saying 'I have no idea what happened (at that stage I genuinely didnt) but I understand you do not wish to continue our relationship so I wish you all the best and can I have my stuff back, etc.'... that was the gist nothing else. This was cited as one of the grounds to prosecute me for harassment as she alleged this communication was 'unwanted'. Yes, of course, that was all nonsense and yes in the end of course the 'system' worked in that the Court decided it was absolutely and could not be harassment as it was a perfectly reasonable communication.....So wow how vindicated I am! But, actually I am the one down £20K and lost 6 months of my life - won't go into further details but a conviction for sending that email and a couple of similar texts would still have resulted in a criminal record which would in itself have ended my career...

When one talks about the readiness with which something can be 'proved' or 'not proved' you need to remember that whilst that maybe true it is still going to bankrupt you if you are the one who is facing an allegation...

onomatopoeia99

Person_one wrote: »

Yes, the 'coalition' started slashing legal aid pretty much as soon as they got their feet under the table, nobody really seemed to notice or care unless they were personally affected though, as is the case with a lot of the terrible cuts to services in the last few years.

Why do you feel the need to make a political argument in a topic asking for serious advice? Why do you feel you have the right to demand posters tell you their voting choices?

Your comments are totally unhelpful.

Sea_Shell

Was legal aid means tested whilst it existed?

Person_one

onomatopoeia99 wrote: »

Why do you feel the need to make a political argument in a topic asking for serious advice? Why do you feel you have the right to demand posters tell you their voting choices?

Your comments are totally unhelpful.

How is this not a political issue? The OP is in the situation he is in because of recent actions by the government that have reduced access to justice and left innocent parties hugely out of pocket just for defending themselves?

I don't know enough about the legal options to advise there, but I do know about the political reasons for this and what people can do on that front i.e. don't vote Tory and get on to your MP!

Person_one

Sea_Shell wrote: »

Was legal aid means tested whilst it existed?

Legal aid does still exist, but far fewer people and cases actually qualify for it now, and the amount that successful defendants can get reimbursed if they have to pay for their own defence has been capped at a low level.

Figaro2016

Defence costs awarded a literally a fraction - once you paid the lawyer to submit the claim and waited many months, expect very very little...