Loss of income in small claims court

KTKT

Hi

I'm considering taking someone to small claims court over a faulty TV that they've sold me. I was just wondering if I can claim anything for the income I'm going to lose for attending the court? If yes, how much is the limit, can I claim as much as I feel necessary?

many thanks

steampowered

Read https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27 (paragraph 7.3).

Those are the actual court rules for small claims track.

As you will see, the maximum you can get for loss of earnings is £95.

The award of these costs is ultimately discretionary by the judge, so it is not guaranteed you would get it. Most judges would want to see evidence to support your claim.

KTKT

steampowered wrote: »

The award of these costs is ultimately discretionary by the judge, so it is not guaranteed you would get it. Most judges would want to see evidence to support your claim.

Would the judge need evidence for the £95?

KeithP

KTKT wrote: »

Would the judge need evidence for the £95?

Yes they would. A payslip or something similar would suffice.

Note that it is your actual loss that can be claimed, up to a maximum of £95.

Also note that there is a limit of £19 per hour, so if you only lose three hours work then the maximum you can claim is £57.

Read the link that Steampowered provided.

unholyangel

KTKT wrote: »

Would the judge need evidence for the £95?

Did you read the answer steampowered gave you (that you have quoted)? Specifically, this part:

Most judges would want to see evidence to support your claim.

You should take a letter from your employer stating how much you are paid and that you have lost leave/taken unpaid time off work.

KTKT

KeithP wrote: »

Also note that there is a limit of £19 per hour, so if you only lose three hours work then the maximum you can claim is £57.

I see, so you can only claim for a maximum of 5 hours at a rate of £19 per hour, and I would still need to provide proof. Is there any amount that can be claimed without proof?

I've checked the link but I can't find any paragraph 7.3 or find anything on £95, it starts at 27.1 for me some reason, is it the same for you?

KeithP

Why do you have a problem proving you losses?

If, for example, you are retired, than you have suffered no monetary loss. That means you can't claim for your time.

This is the small claims track. Costs are severely limited.

KTKT

unholyangel wrote: »

Did you read the answer steampowered gave you (that you have quoted)? Specifically, this part:

Yes, but it makes no mention of £95 limit on that link, no?

KeithP

KTKT wrote: »

Yes, but it makes no mention of £95 limit on that link, no?

There are two links in that post.

Look at the second one.

KTKT

KeithP wrote: »

There are two links in that post.

Look at the second one.

Aha, I thought it was all one long link!