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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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good afternoon, i am enquiring as to what is the maximum time

Resolved Question:

good afternoon, i am enquiring as to what is the maximum time you can wait after a case to claim litigant costs back through the court, for example if the case went to court last june 2013 can you still go back to court say march 2014 for the litigation costs
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Has judgement been handed down in the claim please?

Joshua :

Was the claim heard in the County court and if so the small claims, fast or multi track?

Customer:

small claims court,

Joshua :

Thanks - has judgement been handed down in the claim please?

Customer:

not sure what you mean, the judgement was awarded with litigation costs

Joshua :

Sorry in relation to the claim - has judgement been given (i.e. the defendant ordered to pay something to the claimant)? From what you say it has and that the order included costs?

Joshua :

Has the defendant paid some of the judgement debt but not the costs?

Customer:

the judgement has been paid in full , then litigant costs were asked for at a future date, is there a time limit on which the claimant can do this

Joshua :

Thanks - what exactly does the order of the court say re the costs - if you have the exact wording that would be ideal but failing which paraphrasing them may be sufficient.

Customer:

that the claimant may make an application for costs for litigation i think , all i want to know is there a cut off point

Joshua :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#7.1

Joshua :

Thanks. Providing there is reference in the order that provides for costs then there is no time limit in which you can apply. You can consider an application for costs. However you will need to consider that the small claims court provides limited scope to recover costs which in the main are capped or fixed. They can be found here:

Joshua :

There is nothing preventing you from making an application for such costs if the order provides that you may do so at this stage.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

what do you mean by capped or fixed could you give me an example through the small claims court

Joshua :

Yes certainly. The small claims court limites costs that can be claimed to keep down the cost of litigation. The most significant limitation for example is that solicitors costs cannot generally be reclaimed.

Joshua :

The above link sets out the costs that can be claimed in the small claims court. Are you able to view it?

Customer:

yes no problem, i will have alook at it , all i was trying to find out was the sort of amount i can claim for

Joshua :

In general terms you can claim back your court fees paid, loss of earnings if you attended limited to £90 per day, if you were given permission to use one, experts fees of up to £750 and in rare circumstances up to £260 of legal advice.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

so if no expert fees and no legal fees , i would probably only get £90 litigant costs back would that be correct as all court costs were paid on the judgement, or can i claim for the new court costs for taking the litigation costs back to court

Joshua :

If you have already received court fees from the original claim then you are limited to the claim for loss of earnings - if you had to take time off work to attend court. You can also claim in court fees associated with pursuing such a claim though of course since you would have to pay out these court fees, this does not make you a better off. Consider also that the loss of earnings claim is limited to £90 and if you earn less than £90 per day, the amount can potentially claim may be less than £90.

Joshua :

is there anything else I can assist you with?

Customer:

so can i claim back time spent on letters, e-mails, phone, photocopies,and bundle, and time taken to put it all together for the court

Joshua :

unfortunately not. the rules do not allow for charging of time spent preparing the case. The only allow for loss of earnings in connection with actually attending the hearing. Whilst the rules may on the face of it seem unfair, you are designed to prevent costs of litigation spiralling and therefore strictly limit costs litigant's can claim and unfortunately the personal time of the litigant is not allowed for

Customer:

last question, as i am self employed would that effect the amount i could claim, and the court only lasted for the morning

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Customer:

could you just answer my last question thanks

Joshua :

May I clarify - your last question relating to self employment? If so I posted a response to this above. Perhaps it has not posted properly? I will repost below...

Joshua :

 



You can claim what you could reasonably expect to have earned had you worked that period of time. Judges do not tend to look into earnings claims too closely but may want some basic evidence of the approximate value of your time, e.g. billing rates or some such basic evidence.



 

Joshua :

Please let me know if there is anything else that I can clarify for you?

Customer:

no thats great , thank you for your advice

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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