Small Claim Expenses

BorisBog

Evening everyone

I have someone who bringing a claim against me. It is a totally unreasonable claim. The original dispute was over £15 but they have escalated it to £950 due to consequential damages which don’t exist. My main question is regarding expenses. If the judge say awards the £15 part of the claim would I still have to pay expenses, even though only part of the claim was awarded.

TIA

random_guy

That's hard to predict, it totally depends on the judge.

If I were the judge, if you admitted to own 15 to the claimant while acknowledging the claim and then, during the course of the hearing it turns out that indeed, we decide that you should pay 15, then it's reasonable to expect the defendant to cover the court fee as the claim was indeed unreasonable and you did everything you could to avoid the legal case.

If you said you own nothing, but then we realize that indeed you do, then you should pay for the case.
But that's just my opinion.

unholyangel

Are you sure they're claiming it in consequential damages or are you possibly misapplying the term?

Damages are recoverable under two limbs.

Direct losses - these are losses that arise in the natural course, that is to say that it would be obvious to the world at large that such a loss may occur from such a breach.
Indirect/consequential losses - these are losses that do not arise in the natural course but due to special circumstances. These are generally only recoverable if this was in the contemplation of the parties before they entered the contract.

Further to that, damages will be awarded on the basis of them having taken reasonable steps to mitigate their losses and not taking unreasonable steps to increase them - although it would be for you to show they could have reasonably mitigated/unreasonable increased their losses. Thats not to say they must do whatever is cheapest though.

As for costs there are many factors that will be assessed by the judge that means we can't reliably state one way or another especially when presented with so little. Typically costs are awarded against the losing party however the judge has discretion and may do so for many reasons.

hollydays

BorisBog wrote: »

Evening everyone

I have someone who bringing a claim against me. It is a totally unreasonable claim. The original dispute was over £15 but they have escalated it to £950 due to consequential damages which don’t exist. My main question is regarding expenses. If the judge say awards the £15 part of the claim would I still have to pay expenses, even though only part of the claim was awarded.

TIA

Why not wait until you receive the claim.

LadyDee

£15 to £950? This rather stretches credibility OP.

techquest

As unholyangel states the judge will decide if a claim is valid and warrants such award. £15 might seem a paltry amount to some folk yet a mountain to others. Exactly what consequential loss is the other party stating you have caused? Only then we might begin to understand your predicament.