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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I have felt compelled to initiate a claim in the small

Resolved Question:

Hi. I have felt compelled to initiate a claim in the small claims court against an on line retailer who sold be goods that were, in my opinion, not fit for purpose. The goods in question is an all weather car cover that not only leaked water whenever it rained (open top car) but also reacted in some way with the body paint. The repair has been quoted at around £1300 and it is this amountt that I felt compelled to claim. The defendant's insurer's solicitor has acknowledged the claim, said they intend to dipute the claim and have said they are working under a Collective Conditional Fee Agreement dated 2011. Looking thhis up I am concerned that, should I lose, I would be liable for their fees. Is this the case and, if so, should I take out insurance?

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

It makes no difference to you.

Alex Watts :

This is because if it is a small claim legal costs are limited.

Alex Watts :

If they have sought legal advice then in very rare circumstances a Judge can award them SOME legal fees.

Alex Watts :

These are limited to £260 for a small claim

Alex Watts :

But that is it.

Alex Watts :

If you read the Practice Direction of the Civil Procedure Rules at Part 27

Alex Watts :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

Alex Watts :

Paragraph 7.2

Alex Watts :

But usually this is only awarded where an injunction is granted.

Alex Watts :

So usually then no - there are NO costs payable.

Alex Watts :

That is the whole point of a small claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Many thanks Alex. One small clarification if I may - The Defendant has the Collective Conditional Fee Agreement and it is apparently dated prior to the 2013 law changes. Does this affect the £260 limit? Many thanks

Alex Watts :

None

Alex Watts :

Its been a rule for years regarding no legal fees recoverable.

Alex Watts :

The only way they could claim costs is by saying to the Judge and convincing them you have behaved unreasonably.

Alex Watts :

But in my view is this quite a proper claim

Alex Watts :

Can I clarify anything?

Customer:

Many thanks for your help Alex that's great. £260 I can handle - I was just afraid they could throw some huge bill at me in excess of the value of the car - let alone the claim! Positive feedback headed your way :-)

Alex Watts :

Its unlikely they would get £260 because it is not that type of claim

Alex Watts :

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