Sheriff Court

[findingaway]

Re: Sheriff Court

Hi gerry, I'm on my phone (difficult for me lol) cos laptop not charging grrr. But just wanted to say what an inspiralational thread this is!! I'm going to apply for a ccj set-aside (english court) in the next couple of weeks. (As soon as I can afford the fee) so I've been spending some time on this board latelym Well done againn what a great site you started Nid - you should be proud of yourself11 FAW

[Gerry]

Re: Sheriff Court

Hi gerry, I'm on my phone (difficult for me lol) cos laptop not charging grrr. But just wanted to say what an inspiralational thread this is!! I'm going to apply for a ccj set-aside (english court) in the next couple of weeks. (As soon as I can afford the fee) so I've been spending some time on this board latelym Well done againn what a great site you started Nid - you should be proud of yourself11 FAW

Thanks findingaway,

Glad you found the thread inspirational, I hope it encourages others to challenge and defend unfair court actions taken against them. It also verifies that the invaluable guidance and support provided by all about forum is achieving outstanding results and victory.

Gerry x

[Gerry]

Re: Sheriff Court

Does anyone know anything about what court expenses I can claim, I don’t have a clue.
I’m going to look like an absolute idiot if I go for legal advice re court expenses when I didn’t get any to defend the case lol

Gerry x x

[billypre]

Re: Sheriff Court

Edited as found better info which is in next post.

[billypre]

Re: Sheriff Court

Perhaps this is more useful Gerry.


litigants in person Act 1975.
Costs recoverable by litigants in person
i,Out of pocket expenses such as court fees travelling expenses to court and witness expenses if they relate to work that would have done by a solicitor had one acted for the litigant in person.
ii, Payments made to obtain expert assistance in connection with assessing the costs claim, for this matter the expert would be a solicitor or barrister, however if the solicitor or barrister is giving general advice a claim cannot be made for assessing costs.
iii, Costs for work done by the litigant in person which caused him or her loss eg losing a day`s pay to attend court.

Calculation of charges for time spent in preparing the case
i, To determine the cost of time spent the judge must the following
1, What work was done and how much time did it take?
2, Was the work necessary if so was an unreasonable amount of time spent doing the work compared to the time needed for a solicitor to do the same work?
3, The hourly rate for work is £9.25 unless other financial loss can be shown.
4, If the work was done by a solicitor what would it have reasonably cost?
When a litigant in person intends to show a financial loss they must provide court with written evidence to support that claim, they should also supply a copy to the other partie.

Calculation of disbursements
1, The litigant in person will be allowed reasonable disbursements court fees ect if the judge agrees after considering the following
i, Were the costs actually incurred?
ii, Were they necessary?
iii, Is the sum to be claimed reasonable?
If the judge does not accept that the costs were incurred or not necessary the entire claim will be refused.
If the judge agrees the costs were incurred and rightly so but the claim is unreasonable because of the amount being claimed the judge will allow the claim at a reduced amount.
The total claim must not exceed 2/3 of what a solicitor would have reasonably charged for the same work, what the work should have reasonably cost is at the judges discretion.

[Gerry]

Re: Sheriff Court

The answer is to be found in the Civil Procedure Rules.

Rule 27.14 governs costs on the small claim track.

The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except –
(a) the fixed costs attributable to issuing the claim which –
(i) are payable under Part 45; or
(ii) would be payable under Part 45 if that Part applied to the claim;

(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in the relevant practice direction for legal advice and assistance relating to that claim;
© any court fees paid by that other party;
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in the relevant practice direction for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
(f) a sum not exceeding the amount specified in the relevant practice direction for an expert's fees; and
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

Thanks Billy

It's not small claims tho its summary cause. Do you have summary cause rules?

Gerry

[billypre]

Re: Sheriff Court

Maybe my latest post is better Gerry, i deleted that post you quoted as you were replying lol. You're too quick :P

[billypre]

Re: Sheriff Court

Perhaps this is more useful Gerry.


litigants in person Act 1975.
Costs recoverable by litigants in person
i,Out of pocket expenses such as court fees travelling expenses to court and witness expenses if they relate to work that would have done by a solicitor had one acted for the litigant in person.
ii, Payments made to obtain expert assistance in connection with assessing the costs claim, for this matter the expert would be a solicitor or barrister, however if the solicitor or barrister is giving general advice a claim cannot be made for assessing costs.
iii, Costs for work done by the litigant in person which caused him or her loss eg losing a day`s pay to attend court.

Calculation of charges for time spent in preparing the case
i, To determine the cost of time spent the judge must the following
1, What work was done and how much time did it take?
2, Was the work necessary if so was an unreasonable amount of time spent doing the work compared to the time needed for a solicitor to do the same work?
3, The hourly rate for work is £9.25 unless other financial loss can be shown.
4, If the work was done by a solicitor what would it have reasonably cost?
When a litigant in person intends to show a financial loss they must provide court with written evidence to support that claim, they should also supply a copy to the other partie.

Calculation of disbursements
1, The litigant in person will be allowed reasonable disbursements court fees ect if the judge agrees after considering the following
i, Were the costs actually incurred?
ii, Were they necessary?
iii, Is the sum to be claimed reasonable?
If the judge does not accept that the costs were incurred or not necessary the entire claim will be refused.
If the judge agrees the costs were incurred and rightly so but the claim is unreasonable because of the amount being claimed the judge will allow the claim at a reduced amount.
The total claim must not exceed 2/3 of what a solicitor would have reasonably charged for the same work, what the work should have reasonably cost is at the judges discretion.

[Gerry]

Re: Sheriff Court

Thanks Billy.

[Gerry]

Re: Sheriff Court

I wont sleep tonight with excitement, I’m visiting our friends at Nolans to deliver my expenses claim. Special expenses hearing is next week I expect them to contest the claim, keep your fingers crossed for me that I’ve followed the correct expenses rules and they wont have a leg to stand on.

Gerry

[Never-In-Doubt]

Re: Sheriff Court

How much have u claimed? Wonder if u could claim a donation for a site to help others - like "please sheriff, can I donate £10k to AAD as punishment to those clowns".

Hmmm would be nice!! Before you serve it, make sure you've not gone overboard. A judge won't appreciate greed, he will however award more if you've underestimated.

Best of luck :niddy

[Gerry]

Re: Sheriff Court

How much have u claimed? Wonder if u could claim a donation for a site to help others - like "please sheriff, can I donate £10k to AAD as punishment to those clowns".

Hmmm would be nice!! Before you serve it, make sure you've not gone overboard. A judge won't appreciate greed, he will however award more if you've underestimated.

Best of luck :niddy

I'm going to court first the sheriff clerk is going check over them before i serve them to Nolans.I've worked from the list that the Auditor of court sent me. Working out the expenses was the hardest part of the case.

Gerry x x

P.S. There will definitely be a donation for AAD, thats a promise pal.

[MustGetStraigh]

Re: Sheriff Court

Gerry best of luck, and bloody well done, you! I can almost hear Nolans squirming from here.

Not of course that you'll get any pleasure out of seeing these poor defenceless DCA people having to fork out a nice wad of expenses for you....

[Never-In-Doubt]

Re: Sheriff Court

I'm going to court first the sheriff clerk is going check over them before i serve them to Nolans.I've worked from the list that the Auditor of court sent me. Working out the expenses was the hardest part of the case.

Gerry x x

P.S. There will definitely be a donation for AAD, thats a promise pal.

Gerry I meant from Nolans haha. You know what I meant - that'd be funny, especially if the sheriff was in debt and used us LOL - wake up niddy, it's a dream mate!!!

[Never-In-Doubt]

Re: Sheriff Court

Gerry best of luck, and bloody well done, you! I can almost hear Nolans squirming from here.

Not of course that you'll get any pleasure out of seeing these poor defenceless DCA people having to fork out a nice wad of expenses for you....

What makes it better, Nolans are the solicitors hahahaha