Small claims

[chris52]

Hi could someone please advise if this is correct please.

Long story but I am taking a company to small claims court it’s not a large amount under £1000. Anyway we have had a date for the end of March I have booked the the day off work to be available even though it’s an online hearing.

The companies solicitor emailed today asking if I would be in agreement to moving the date as her client was not available that day. I explained that I would like to keep that date to avoid further delays and had already booked the day off.
The reply was
That is disappointing. We will now make the court aware that you declined to agree to change the dates. Given your refusal to consent we shall ask the court to consider making an order that you pay our costs of that application.

Surely this can be done, I am not changing anything are they just using bullying tactics to try and make me agree to their conditions?

Any help would be great

[Maximus Decimus Meridius]

So the court have provided both parties with a hearing date but the other side don't like the date and this solicitor wants you to pay their costs for asking to change it ?
Sounds like nothing more than a bully.
Send a copy of his email to the court and ask them to comment.

[Rushjob]

Maximus Decimus Meridius said:

So the court have provided both parties with a hearing date but the other side don't like the date and this solicitor wants you to pay their costs for asking to change it ?
Sounds like nothing more than a bully.
Send a copy of his email to the court and ask them to comment.

This
Especially as you are a lay person and the other side is a solicitor.

[Boosted LS1]

Also mention that giving the court has already set the date that you have booked time off in order to be available. Let the defendant pay her own costs. That's how it goes in small claims.

[Canon_Fodder]

Kite flying.

Take it as a positive sign - they're rattled

[KungFuPanda]

Let them make the application. Prior to the date being set, the Court would have asked both parties of dates of non availability. Furthermore, changing a trial date is not a matter that both parties can agree between themselves. The Court’s permission has to be sought anyway so the other side would have to make an application in any event.

[chris52]

Many thanks for the responses I have sent a copy of the email to the court.

If I lose this case which I find unlikely can the defendants solicitor claim their costs back from me in the small claims track?

[deckster]

Rushjob said:

Maximus Decimus Meridius said:

So the court have provided both parties with a hearing date but the other side don't like the date and this solicitor wants you to pay their costs for asking to change it ?
Sounds like nothing more than a bully.
Send a copy of his email to the court and ask them to comment.

This
Especially as you are a lay person and the other side is a solicitor.

100%. The courts tend to take a dim view of legal professionals trying to pull a fast one on the general public.

[akirk]

chris52 said:

Many thanks for the responses I have sent a copy of the email to the court.

If I lose this case which I find unlikely can the defendants solicitor claim their costs back from me in the small claims track?

Yes and no...
generally speaking solicitor costs are excluded... basically to stop bully boy big firms using expensive lawyers with the threat of bankrupting the claimant if they lose...

for a more accurate picture of what costs can be part of a claim:
https://www.justice.gov.uk/courts/procedure-rules/...

[chris52]

Well I received a letter today from the court. The date has been changed and I have been instructed to pay the defendants costs estimated at £200.
How can this possibly be correct.??

[Canon_Fodder]

Oh that's a nasty surprise!

[jondude]

chris52 said:

Well I received a letter today from the court. The date has been changed and I have been instructed to pay the defendants costs estimated at £200.
How can this possibly be correct.??

Hopefully those in the know can tell you but man, that sounds very unfair to me. And £200???

[MustangGT]

chris52 said:

Well I received a letter today from the court. The date has been changed and I have been instructed to pay the defendants costs estimated at £200.
How can this possibly be correct.??

This does not seem correct to me, for a small claims court procedure. Until the hearing there is no judgement in either direction and therefore no award can be made. Are you sure you have followed the small claims procedures?

[chris52]

Yes small claims listing 100%.
In the order it says the claimant shall pay the defendants cost assessed at £200.
I am totally gobsmacked by this.

[Canon_Fodder]

OP perhaps the court has decided that you behaved unreasonably when not agreeing to the date change and have awarded costs under 2(g) of akirk's link above?

[chris52]

Yes possibly.
If that is the case the the defendants solicitor has strung the court along a bit.
The defendants solicitor did contact me after I contacted them requesting that we use the mediation service. They replied stating that the defendant couldn’t make the hearing date and would I agree to change it.
My reply was


I would like this to be resolved as soon as possible and would prefer that the date is kept the same to avoid any further delay. I have booked the day off work now so I am available for that day without any interruptions.

Is that unreasonable. I didn’t decline their request just stated my preference.

[Canon_Fodder]

Yes I agree with you.

That can surely not be described as 'unreasonable'

[Muzzer79]

How much is your claim? You only mention "under £1000" in your OP

Unless you can get your £200 successfully challenged, you may be better off dropping the whole thing.

If you intend to continue, suggest engaging some formal legal advice in respect of your claim and the costs that have been awarded against you.

[Rushjob]

Are the Court aware that you have tried to instigate mediation and also the actual content of your emailed response to the solicitor?

I find it bizarre that were they in possession of all of these facts that the Court could find your behaviour unreasonable.

From the proverbial Man on the Clapham Omnibus' point of view, it's anything but!

[chris52]

I will try contact the court and find out what the defendants solicitor has actually told them