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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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The secretary of our club had her membership canceled because

Customer Question

The secretary of our club had her membership canceled because of unacceptable behaviour. She refused to give the clubs members details, paperwork, books etc which caused problems with running the club. Despite repeated written requests from the Chairman, Vice Chairman and other officers and threat of legal action she ignored all requests. Eventually we engaged a solicitor who wrote requesting the clud property. From the outset we stated if forced down the legal rout we would claim costs against her. After months of ignoring the solicitors letters apart from one letter she wrote claiming she didnt have the paperwork we were on the brink of going to Court to seek an injunction against her to get the paperwork back when she gave in and returned it all. We had run up a bill for £1824.00 and asked if she would pay half of it to avoid further legal action but she ignored all our requests. We have now made a claim against her in the small claims court. Is there any case law to support our case?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

Have you issued a small claim to recover the costs of the aborted need for an injunction?

JACUSTOMER-3dl2mxd7- :

yes

tdlawyer :

Okay, if anything, the cases are against you on that point. They say that costs pre-action should only be recoverable where it was then necessary go ahead and issue proceedings.

tdlawyer :

The closet I can think of that may help is a 2011 Court of Appeal case, which says you can get pre-action costs when a Part 36 offer is accepted. See this: http://www.ashurst.com/publication-item.aspx?id_Content=7469

tdlawyer :

However, this is different.

tdlawyer :

Part 36 offers are part of the court rules and they specifically talk about costs.

tdlawyer :

However there have been conflicting decisions from the courts about this and so it can be a bit hit and miss.

JACUSTOMER-3dl2mxd7- :

thanks will check it out

tdlawyer :

You're welcome.

tdlawyer :

Is there anything else I can assist with?

JACUSTOMER-3dl2mxd7- :

on a scale of 1 to 10 what do you think our chances are?

tdlawyer :

In all honestly, pretty low, perhaps 3/4 out of 10, but it's small claims, and believe me, anything can happen there!

tdlawyer :

Is there anything more I can answer for you?

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