As a small business,can I take a local Council to the Small Claims Court ?

ripple11

Is it possible to take the Council to the Small Claims Court? (up to the 10K limit)

I am banging my head against a brick wall in a lengthy dispute regarding not receiving a certain Covid relief that other very similar businesses have received .I will probably appeal to the Ombudsman , but if they are not interested, I wish to have a day in court and listen to them try and defend their discriminatory position!
 My only concern is that if I lose , quite possibly, can substantial costs be awarded against me/my business? as no doubt they will want to defend will solicitors /time spent preparing etc. 
I don't mind some reasonable costs .....but I don't want to be facing a claim if thousands!

DanDare999

They'd normally not be able to claim cost which are limited. What values are we talking about as they may not bother to defend?

ripple11

Thanks for the reply. It would be up to the max 10K.

Spies

You tried going to the local rag and making a big story out of it?

ripple11

Yes I thought about going to go to the local paper/social media . Wasn't sure what to do first, court or press.

elmer

Have you exhausted the appeal process, you have to write with reasons why you think the grant has not been awarded correctly and a tribunal will look at your case

ripple11

Yes will exhaust their appeals procedure first.
 Gone through all internal ones, now trying to appeal to a so called independent  "Revenues Appeal Panel".

DullGreyGuy

Just remember that you have to go through a directions hearing and whilst under £10k should be allocated to the Small Track it is possible for the court to decide its too complex a matter and therefore it gets appointed to Fast or Multi-track where legal costs can be claimed (in a limited fashion for Fast track)

ripple11

Ah ok DullGreyGuy.
 If they dont want to accept the small claims track and I don't want to risk costs, presume I can just pull out after that "directional hearing?

DullGreyGuy

ripple11 said:

Ah ok DullGreyGuy.
 If they dont want to accept the small claims track and I don't want to risk costs, presume I can just pull out after that "directional hearing?

Its the courts decision and not one for either party to accept. You can discontinue your action at any point though you may be liable for costs up to that point. 

Gavin83

ripple11 said:

Is it possible to take the Council to the Small Claims Court? (up to the 10K limit)

I am banging my head against a brick wall in a lengthy dispute regarding not receiving a certain Covid relief that other very similar businesses have received .I will probably appeal to the Ombudsman , but if they are not interested, I wish to have a day in court and listen to them try and defend their discriminatory position!
 My only concern is that if I lose , quite possibly, can substantial costs be awarded against me/my business? as no doubt they will want to defend will solicitors /time spent preparing etc. 
I don't mind some reasonable costs .....but I don't want to be facing a claim if thousands!

What's their justification for not paying you the Covid relief?

Would the amount of this relief have been over £10k?