County Court Situation

pmduk

BobaFettt wrote: »

I don't think judges should have the right to financially punish people if they upset them.

Don't forget you can be imprisoned for upsetting a judge, I'm not sure whether that applies during the small claims process though.

steampowered

BobaFettt wrote: »

Yes, but the judge has awarded him with £445 for income loss of that day.

You said the judge awarded this person £350 plus £95 'on top'.

It sounds like the £95 was for loss of earnings and the £350 was for something else, but it is not clear from your posts.

Why do you make this distinction between the £350 and the £95, rather than just saying £445?

What was the £350 for and what was the £95 for?

And what amount was the claimant actually seeking in their main claim?

Fosterdog

Without knowing the situation is it possible that the income loss for a day in his initial claim was not his income loss for attending court but income loss for a different day where whatever breach you made for him to have a claim against you also caused him to lose a days income?

DoaM

Fosterdog wrote: »

Without knowing the situation is it possible that the income loss for a day in his initial claim was not his income loss for attending court but income loss for a different day where whatever breach you made for him to have a claim against you also caused him to lose a days income?

Exactly ... that's why providing relevant details (redacted of personal info) IS important when asking for help.

BobaFettt

Fosterdog wrote: »

Without knowing the situation is it possible that the income loss for a day in his initial claim was not his income loss for attending court but income loss for a different day where whatever breach you made for him to have a claim against you also caused him to lose a days income?

That came across my mind but it clearly says on the claimant's statement that the £350 was for attending the court on the day, total was £600, the court fees were included in that as well. The judge then decided to add the court fees and another £95 on top of the £600.

Manxman_in_exile

I'm no expert but presumably you have some kind of written order from the court itemising what you have to pay. Can you post the details of that? (I know you tried to do so in your OP but it's not entirely clear).


I know another poster has suggested trying Legal Beagles, but I'd also look at ConsumerActionGroup under General Legal Issues.

BobaFettt

Manxman_in_exile wrote: »

I'm no expert but presumably you have some kind of written order from the court itemising what you have to pay. Can you post the details of that? (I know you tried to do so in your OP but it's not entirely clear).

That wasn't given to me. Is it meant to be sent out by post? The list that I added to my OP details what the the claimant was asking for and then what the judge added on top of that.

steampowered

Thank you for clarifying Op and for putting the breakdown in the first post, it is very helpful for understanding what has gone on.

I agree with you that it sounds very strange for someone to get £350 in loss of earnings for attending court on the day plus another £95.

The rules are very clear that the maximum that can be awarded in costs for loss of earnings in small claims track is £95 per day. So if the facts are as you describe you could appeal the award of £350. Though you'd have to decide whether it is worth doing that or not.

Is it possible that the £350 was for something else mentioned in the particulars of claim, not simply loss of earnings for attending court? If so, it would not be likely you could win an appeal.

Deastons

BobaFettt wrote: »

That wasn't given to me. Is it meant to be sent out by post? The list that I added to my OP details what the the claimant was asking for and then what the judge added on top of that.

We went to court last month. We received the judgement through the post long after the defendant had actually paid us - it took a couple of weeks to come through. It also didn't actually break it down, just gave the amount they were to pay us.

BobaFettt

steampowered wrote: »

Is it possible that the £350 was for something else mentioned in the particulars of claim, not simply loss of earnings for attending court? If so, it would not be likely you could win an appeal.

No, the claimant has made it very clear that the £350 was just for the day. Another strange thing is that the hearing took 1.5 hours, and from my understanding the income loss can be calculated at £19 per hour, alternatively the claimant has to provide evidence of their income loss for the day, the judge didn't ask for any of that. I really think the judge was really biased against me.

steampowered wrote: »

If so, it would not be likely you could win an appeal.

Doesn't the appeal cost £1199? That's a huge risk to take.