Court costs - mileage
Discussion
My employer wants to use me as a witness in a court case on the fast track. I use my personal car to drive there, and cover 100 miles. If the company wins the case, they will attempt to recover most of the costs from the third party that lost the case. For the mileage element of this, can they claim the true cost of running my personal car, which is 90p/mile according to the AA, or is there a court rate similar to the HMRC 40p rate? If they can claim 90p/mile, how do they get it to me without a BiK implication for the 50p above 40p?
Costs are always in the discretion of the court. What a successful litigant is able to recover from the other side is a judgment call for the judge who hears the application for payment of costs.
So, it's hard to say whether your employer would be allowed to recover at 90 ppm. I suppose to some extent it depends on how far you're travelling and whether it might have been cheaper for you to get the train, for instance.
My suggestion would be to include the charge under the "disbursements" section of the costs schedule that has to be filed 24 hours before the final hearing. You may get them, you may not. You may get them, but limited to a reduced amount per mile.
Can't help you with the BIK point though. That's a matter for you and your employer to sort out between you.
So, it's hard to say whether your employer would be allowed to recover at 90 ppm. I suppose to some extent it depends on how far you're travelling and whether it might have been cheaper for you to get the train, for instance.
My suggestion would be to include the charge under the "disbursements" section of the costs schedule that has to be filed 24 hours before the final hearing. You may get them, you may not. You may get them, but limited to a reduced amount per mile.
Can't help you with the BIK point though. That's a matter for you and your employer to sort out between you.
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