Money claim question

[chris52]

Hi guys quick question I won’t go into the details but some one has made a money claim against me it’s completely wrong and will 100% fail in front of a judge basically just a chancer trying to get some free money. But if this ends up in court it will cost me in travel and time of work to go as it’s 300 miles away may even have to stop over somewhere. Can I counterclaim for this if it got that far? The claim is for £5000
Cheers For any advice

[KungFuPanda]

At allocation stage, you can request that the case be moved to your local county court.

Also, don’t be so sure the case will fail. Some District Judges are loopy.

[chris52]

Many thanks I have asked for it to be moved closer but there is no guarantee of this.
But there must be some way of recouping costs if a ridiculous claim is made that has zero chance of success ends up costing the defendant some money.
Chris

[KungFuPanda]

I’m a bit rusty but you can reclaim reasonable expenses such as travel, parking, loss of earnings to attend Court. Other than that, you’re kind of at a loss.

This is why the Small Claims Track is full of cranks with frivolous claims. Other than the issue fee and minimal expenses, they have nothing to lose.
On the flip side however, it’s a great leveller. The man on the street can try and take on a multinational behemoth without having to worry about a massive adverse costs order.

Best of luck with your defence.

[Pro Bono]

If you're an individual (i.e. not a business) then the situation is governed by Part 26 of the Civil Procedure Rules - https://www.justice.gov.uk/courts/procedure-rules/...

In particular:

26.2A

(3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court

So the case should automatically be transferred to your home court - i.e. the nearest County Court to your home address.

However, if the claim truly has no merit at all,, and you can convincingly establish that, your best course of action would be to apply for `summary judgment' - i.e. to have the claim dismissed at a very early stage, thereby dispensing with the need for a trial.

More information here (I'm not endorsing the website, but the information's useful) - http://www.aboutsmallclaims.co.uk/apply-summary-ju...