Small Claims Court costs

[wiliferus]

I'll spare you the details as they're not relevant. But in short I'm due in county court in a few months as a defendant in a case I think I have 75% chance of winning.

I'm legally representing myself (again, long story, but that's where I'm at) and I've had a letter from the claimants solicitor informing me in the event they win they will be applying for costs.

I've spent days of my time building a case - in the event I win, is there anyway I can claim costs for my time? If so, how is it calculated?

Thanks in advance.

[agtlaw]

They can apply. Very unlikely to be awarded.

[Jasandjules]

Costs in a small claim are very limited.

However, you can prepare a costs schedule yourself and serve it seven days before the hearing.

If you can show your hourly rate you can charge that - however if not then there is a court approved litigant in person rate - ask your local court for the current rate (I think it's £25 per hour)..

[Cyberprog]

IIRC Costs are normally limited to Travel/Accommodation in the event the Claimant lost their case. This can be varied at the courts discretion though, depending upon wether either party acted unreasonably, and also any offers to settle etc.
I'd be interested to know if there are any hard and fast rules here though, I'm in the process of suing some spammers, and have based my actions thus far on potentially being liable for a couple of hundred quid should I lose.

[agtlaw]

Part 27 &
Practice Direction 27

Also:

http://www.judiciary.gov.uk/wp-content/uploads/JCO...

http://www.judiciary.gov.uk/wp-content/uploads/JCO...

http://www.barcouncil.org.uk/media/203109/srl_guid...

Edited by agtlaw on Thursday 26th February 23:02

[JustinP1]

Jasandjules said:

If you can show your hourly rate you can charge that - however if not then there is a court approved litigant in person rate - ask your local court for the current rate (I think it's £25 per hour)..

IIRC it's currently £18 per hour.

It is possible to claim costs OP, but the other party needs to have acted unreasonably. To advise what is unreasonable would need some kind of description.

It is certainly possible though. I recently made representation that the other party on the small claims track had acted unreasonably. The principal sum was just over £10k, and I was awarded IIRC 80 hours of costs at £18 an hour.

Edited to add, I was awarded exactly what was stated on the schedule I had brought with me with figures of reach action. - 82.5 hours, and £1485 in total. Plus 40p a mile and parking.

Edited by JustinP1 on Thursday 26th February 23:29

[Red Devil]

Jasandjules said:

Costs in a small claim are very limited.

However, you can prepare a costs schedule yourself and serve it seven days before the hearing.

If you can show your hourly rate you can charge that - however if not then there is a court approved litigant in person rate - ask your local court for the current rate (I think it's £25 per hour)..

LiP hourly rate appears to be £18
CPR Practice Direction 46, Rule 46.5 para 3.4 - https://www.justice.gov.uk/courts/procedure-rules/...

Costs:
CPR Practice Direction 27, para 7.1 - http://www.justice.gov.uk/courts/procedure-rules/c...
CPR Part 27, para 27.14 - https://www.justice.gov.uk/courts/procedure-rules/...

The CPR is a bit labyrinthine. A quick guide here - https://www.moneyclaimsuk.co.uk/litigant-in-person...