Won at small claims defendant issues additional claim

da_rule

Costs can also be awarded if you make an application for strike out etc along with filing a defence as the application stops the matter being allocated to a track and therefore the standard cost rules will apply.

NutWorld

It will be up to the court, but generally there are no costs awarded in the small claims court (save for the court costs themselves).
That is why it is a small claims court. It is set up to allow small claims and where the high cost of professional litigation which would otherwise drown out the original small claim amount and is therefore not required/expected. Those involved generally to represent themselves, and the court is fully set up for this.

I very much doubt indeed that any small claims court would award costs to a defendant where a matter was struck out administratively. It is not one of those vary rare occassions I am aware of that costs (above the court costs, that as I say are already paid by the claimant) are awarded in favour of a defendant.

But I guess we'll have to agree to disagree.

da_rule

NutWorld wrote: »

I very much doubt indeed that any small claims court would award costs to a defendant where a matter was struck out administratively. It is not one of those vary rare occassions I am aware of that costs (above the court costs, that as I say are already paid by the claimant) are awarded in favour of a defendant.

But I guess we'll have to agree to disagree.

I never said struck out administratively. I said struck out on application. I agree, that if the Court received a claim that was obviously a non-starter and therefore used its inherent powers to strike out that there would be no costs.

However, your post does reveal some common misconceptions about small claims. There is technically no such thing as a 'small claims court'. The small claims track is just another track (with its own rules and limits etc) available to the County Court to manage claims (along with the fast track and multi track).

A case is not automatically assigned to track until it is allocated. Allocation does not take place until a defence and (if applicable) a reply to defence is lodged and an allocation questionnaire is completed by the parties. It is completely possible for a low value claim to be allocated to the fast track, or even the multi track, if it involves a complex point of law/numerous witnesses/expert witnesses etc.

If an interim application is made before the case is allocated this will pause the allocation.

Before a case is allocated it is subject to general costs rules. Therefore, if an application to strike out is successful the applicant (the defendant in most cases) can claim costs. Having just been awarded approximately £1,200 for doing just this (in a nonsense claim that was also only worth about £1,200) I can vouch for the fact that it works. The claimant has now not only lost their Court fee they paid to file the claim, but also has to pay me pretty much the same amount as they were claiming.

The Court looks favourably on timely applications to strike out/summary judgment as it complies with the overriding objective to deal swiftly with claims.

Mumoftwoboys36

Before a case is allocated it is subject to general costs rules. Therefore, if an application to strike out is successful the applicant (the defendant in most cases) can claim costs. Having just been awarded approximately £1,200 for doing just this (in a nonsense claim that was also only worth about £1,200) I can vouch for the fact that it works. The claimant has now not only lost their Court fee they paid to file the claim, but also has to pay me pretty much the same amount as they were claiming.

The Court looks favourably on timely applications to strike out/summary judgment as it complies with the overriding objective to deal swiftly with claims.

Can you tell what the “timely application” time frame is? I have a feeling this individual will ignore the solicitors letter and go gun hoe into a new claim? Also the judgement paper work has not come through from the original court case due to delays in administration.

Insideplay

Mumoftwoboys36 wrote: »

Hi,
Can I get advice. I’ve recently been to small claims court for non payment of invoice and had the judgment in my favour. Money for invoice to be paid. The Defence was substandard workmanship that wasn’t upheld. No counterclaim was made at the time despite the defence stating there would be as apparently replacement/remedial work had been carried out costing more than original invoice. There was no evidence for this and those claims were false.

Since the judgement (14 day for payment) I have had a notice for pre court action from the defendant seeking a much bigger figure of compensation in relation to damages caused by defective workmanship, costs of remedial work (unsubstantiated) etc

Is this allowed given that this judgment has been made and no counter claim was presented at the time?

Any advice gratefully received.

Circumstances were subcontractor providing labour, snagging completed no payment and no with holding notice issued until pre court directive issued (some 5 weeks later)

No counter claim sought at court during the defence

Is a new claim relating to the same issue that had judgment allowed?

Mumoftwoboys36 wrote: »

Before a case is allocated it is subject to general costs rules. Therefore, if an application to strike out is successful the applicant (the defendant in most cases) can claim costs. Having just been awarded approximately £1,200 for doing just this (in a nonsense claim that was also only worth about £1,200) I can vouch for the fact that it works. The claimant has now not only lost their Court fee they paid to file the claim, but also has to pay me pretty much the same amount as they were claiming.

The Court looks favourably on timely applications to strike out/summary judgment as it complies with the overriding objective to deal swiftly with claims.

Can you tell what the “timely application” time frame is? I have a feeling this individual will ignore the solicitors letter and go gun hoe into a new claim? Also the judgement paper work has not come through from the original court case due to delays in administration.

You appear to have suddenly become incredibly clued up within 4 days :cool:

I'm sure any suggestion that this board has been infiltrated by, what MSE Martin refered to on hios TV show to as militants that normally reside on the Parking sub-board, is purely speculative. :rotfl:

da_rule

Insideplay wrote: »

You appear to have suddenly become incredibly clued up within 4 days :cool:

I'm sure any suggestion that this board has been infiltrated by, what MSE Martin refered to on hios TV show to as militants that normally reside on the Parking sub-board, is purely speculative. :rotfl:

I think the OP was trying to quote my earlier post rather than claim it as their own knowledge.

da_rule

Mumoftwoboys36 wrote: »

Can you tell what the “timely application” time frame is? I have a feeling this individual will ignore the solicitors letter and go gun hoe into a new claim? Also the judgement paper work has not come through from the original court case due to delays in administration.

You can’t do anything until he’s actually filed a claim and you’ve been served with it.

You’ll then have 14 days from the deemed date of service (this date will be on the paperwork) to acknowledge the claim (you can also file a defence at the same time, but why would you? Also you can admit or partially admit the claim, but again, why would you?). Once you file the acknowledgement, presumably saying you’ll defend the claim, you have 28 days from the deemed date of service to file and serve your defence.

If you’re using post for anything make sure that you remember that first class is deemed delivered the second working day after posting, and Saturday isn’t a working day (even though Royal Mail still collects/delivers). Don’t use second class. If you are using email for service (which you can only do if he puts an email address on the claim form) then it is served on the same day if sent before 4:30pm on a working day or the next working day if sent after this.

Civil Procedure Rule 3.4 and Practice Direction 3A governs strike out. The rule sets out that:

(2) The court may strike out a statement of case if it appears to the court –
(a) that the statement of case discloses no reasonable grounds for bringing ... the claim;
(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order.

If, once you’ve received the statement of case and claim form you think this applies then I would make the application when you file your defence. The application fee is £255, so quite steep. You would also need to fill in and file/serve an application notice (which is a set form) and a statement to support your application setting out why the claim should be struck out.

Aquamania

Mumoftwoboys36 wrote: »

Ok, advice taken,

we will get Legal advice but it’s very costly and I’m very much small dog against a big dog. So wanted to gain an understanding of those that are more knowledgeable.

I honestly cannot imagine what new evidence the company might have and how the a figure can be completely different to those that were originally filed.

Mumoftwoboys36 wrote: »

We have instructed a solicitor to respond to the pre court letter.

��

Mumoftwoboys36 wrote: »

Before a case is allocated it is subject to general costs rules. Therefore, if an application to strike out is successful the applicant (the defendant in most cases) can claim costs. Having just been awarded approximately £1,200 for doing just this (in a nonsense claim that was also only worth about £1,200) I can vouch for the fact that it works. The claimant has now not only lost their Court fee they paid to file the claim, but also has to pay me pretty much the same amount as they were claiming.

The Court looks favourably on timely applications to strike out/summary judgment as it complies with the overriding objective to deal swiftly with claims.

Can you tell what the “timely application” time frame is? I have a feeling this individual will ignore the solicitors letter and go gun hoe into a new claim? Also the judgement paper work has not come through from the original court case due to delays in administration.

Well that sounds like money well spent ... not.:cool:

Perhaps you should have spent a little more time carefully choosing a solicitor you trusted, rather than instructing the first one you contacted.