Small Claims - waiting since May 2020...

waamo

bobbysox1v said:

waamo said:

steampowered said:

You would only be ordered to pay the defendant's legal costs if you lose the case (or if you wasted everybody's time by failing to comply with court directions).

If you win the case, they will be paying your costs.

Where does the £58k figure come from? If the Defendant is going to be potentially paying their lawyer £58k of legal fees, they will be better off just settling the case and paying you what you have asked for.

Have you considered making a settlement offer - for example, offering to accept a reduced amount in full and final settlement of your claim (e.g. £8,000) to settle the case? If not, it is worth making a formal settlement offer in writing, stating that you believe you have a strong case and are fully prepared to see the claim through until trial, but in the interests of saving both sides cost and expense you would be willing to agree a settlement of £x.

Just to add to this you are free to negotiate right till you walk in to the court room. The court will likely arrange arbitration for you through a dispute resolution service. This is included in the court fees. 

The other side have refused to use the dispute resolution service.  I know its the solicitors job but she has been awful, insulting and rude.  She did not return the correct Direction Questionnaire and when I pointed this out, she said she was entitled to send a different form because she fully expects the case to go to Fast track. 

They are lucky not to have their defence slung out if they used the wrong forms. If it is a straightforward case that can be decided on the facts then it may well stay on the small claims track.