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In a civil case heard in the English Small Claims system, where

Customer Question

In a civil case heard in the English Small Claims system, where the judge finds for the defendant, can that defendant claim against the claimant for expenses such as a solicitor's fee or the cost of getting an expert opinion?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

In the small claims track the winning party can only claim limited costs, these being:

  • the fixed costs attributable to issuing the claim
  • in proceedings which included a claim for an injunction or an order for specific performance a limited sum for legal advice and assistance relating to that claim
  • any court fees
  • 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
  • a limited sum 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
  • a limited sum for an expert’s fees
  • such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

So a winning party can claim costs for an expert's opinion, but their legal costs will not be reimbursed unless the other party had acted unreasonably and the court decides that it would be fair to award these costs.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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