taking someone to court - lost earnings (time) - & claiming?
Discussion
Im taking a non-paying client to court, something Ive never done before. Only a small amount of money is involved but I began proceedings against him on moral grounds, ie the fee is owed therefore should be paid, Ive always shied away from the formality of it all, and the unknown legal system in the past. Besides, the client is a despicable cretin, deserves to be taken to court.
What can be claimed with regards to "lost earnings" - it my time spent taking this client to court - which is a full day (two half days in court)
The case was adjourned today when the defendant brought in a surprise witness along with documents he wished to give as evidence which had not been presented to the court. I told the judge I would happily permit both and didn't need time to prepare further as the case is a joke and he doesnt stand a chance, but the case was adjourned nevertheless, until later in the year. Which means another half day of my time will be lost (plus travel expenses once again).
Judge said that yes, I could put in for "lost earnings" and "tTravel expenses" but to what degree is one able to claim? Two lost half-days make a full day's lost earnings. But how much does that equate to, with regards to my average daily earnings?
I was under the impression that compensation wasnt dished out in accordance with whether one earned £50 or £500 per day - does anyone know what I might be able to reasonably claim, on top of my other claims (which are below)
- Fee due
- Court Fee
- Hearing Fee
- 8 Months Interest
- Travel Expenses
Many thanks
What can be claimed with regards to "lost earnings" - it my time spent taking this client to court - which is a full day (two half days in court)
The case was adjourned today when the defendant brought in a surprise witness along with documents he wished to give as evidence which had not been presented to the court. I told the judge I would happily permit both and didn't need time to prepare further as the case is a joke and he doesnt stand a chance, but the case was adjourned nevertheless, until later in the year. Which means another half day of my time will be lost (plus travel expenses once again).
Judge said that yes, I could put in for "lost earnings" and "tTravel expenses" but to what degree is one able to claim? Two lost half-days make a full day's lost earnings. But how much does that equate to, with regards to my average daily earnings?
I was under the impression that compensation wasnt dished out in accordance with whether one earned £50 or £500 per day - does anyone know what I might be able to reasonably claim, on top of my other claims (which are below)
- Fee due
- Court Fee
- Hearing Fee
- 8 Months Interest
- Travel Expenses
Many thanks
It's in the District Judge's discretion, ultimately.
If you're going to claim for the value of lost time to you, you'll need to be able to back up the figure you're claiming. Presumably as you are (from memory) self-employed, you can provide evidence of your daily rate charged to clients and use that as the basis for quantifying the value of your lost time.
If it's a lot, expect the DJ to be reluctant to award it all though - s/he will probably agree that you can recover something and then cap it at some arbitrary amount that seems reasonable to him/her.
If you don't ask, you don't get - but best to assume that you'll come away with very little, if anything, and then anything better is a pleasant surprise!
(Remember that the starting point for small claims is no costs - and that applies equally to your own time spent on it as much as if you had paid a solicitor to do it for you)
If you're going to claim for the value of lost time to you, you'll need to be able to back up the figure you're claiming. Presumably as you are (from memory) self-employed, you can provide evidence of your daily rate charged to clients and use that as the basis for quantifying the value of your lost time.
If it's a lot, expect the DJ to be reluctant to award it all though - s/he will probably agree that you can recover something and then cap it at some arbitrary amount that seems reasonable to him/her.
If you don't ask, you don't get - but best to assume that you'll come away with very little, if anything, and then anything better is a pleasant surprise!
(Remember that the starting point for small claims is no costs - and that applies equally to your own time spent on it as much as if you had paid a solicitor to do it for you)
Lurking Lawyer said:
If you're going to claim for the value of lost time to you, you'll need to be able to back up the figure you're claiming. Presumably as you are (from memory) self-employed, you can provide evidence of your daily rate charged to clients and use that as the basis for quantifying the value of your lost time.
Cheers! I wont hold out for much then, but will make a point of drafting/submitting the most terrifying figure I can reasonably justify 
POORCARDEALER said:
As above, I spent hours and hours messing about, doing paperwork as we got taken to court by an unreasonable customer........judge listned to what you both had to say, told other party he was a numpty.........I got £30 for the actual time i spent in court. 
Not much!! 
What did you do with the money?
animal44 said:
A LIP can claim £9.25 for his/her time preparing, travel and time in court.
The default is no costs, but if the defendant is acting unreasonably, then you will normally get an award.
Wotsa LIP? The default is no costs, but if the defendant is acting unreasonably, then you will normally get an award.
Buster Bakdorzin said:
Im sure I read on PH once, that interest can only be charged at a reasonable rate, but I cant remember what that rate is - how is this figure governed? In my T&C's it states 2% for that which is overdue.
Business to Business debts can charge 8% above base rate. Otherwise its 8% flat.2% assuming per annum is way way to low.
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