A case on the small claims track: UK General Litigation

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I look at a case in the small claims track where the defendant tried to get the claimant to drop the case by launching a large counterclaim of damages that was even greater than his own claim. I emphasise the importance of focusing on procedure (and costs sanctions) to deal with such ploys...


I consider the issue of YOUR QUESTIONS about COSTS?!

What do I pay?
What will it costs me?
Will my legal bill outweigh my win?
Legal Expenses Insurance?
How do I pay?

Essentially there will always be discretion. Proportionality is KEY.

So you start by putting £300 + Vat on account. £150 + VAT is the lowest we would ever do. This could be refunded (see below)

Let's say we do 2 hours work, advising and reading, then we might think you have a really good case and so say that we will take 25% if you win. Let's say a £5,000 claim. We might even refund the £300 up front.

Or if it is very small, say £2,000, we might say that we will cap our fees at £450 for entire case, so that if you settle at £1,500 you will still benefit from us.

A defence? We may then ask you for £500 against a £2,500 defence and if you settle for £1,000 you have benefitted. If you lose after paying us £500 we may refund £250.

The point is that PROPORTIONATE means just that and we will exercise discretion.

Above all, a clear story in an email and all your documents in a PDF in chronological order will help.

LEGAL EXPENSES INSURANCE? Maybe, you will need to ask them. Quote them our rates and tell them what we are likely to charge.

Trust that helps - I will now come on to documents in next post.