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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello. Regarding costs. This is pre completion of N181.

Resolved Question:

Hello. Regarding costs. This is pre completion of N181. I am building a list of receipted costs however what about my time? I have spent well in excess of 100 hours so far due to this 'idiot'. I have my own business and I presume that I cannot write myself a letter saying I took time off to deal with this. The claim is for £13,500. Can I make a claim for my time costs (based on my documented salary) never mind stress and waking in the night thinking about all of this.
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 :

You can't claim time - sadly even if you could you are limited to £18 an hour.

Alex Watts :

If it is a general cost of litigation then you can't claim it.

Alex Watts :

If you want to claim for time AFTER litigation has commenced then you can using £18 an hour

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

understood. so from the point in time of me filing the on-line claim form I can make an account of my time, including time in court? and travel time?

Alex Watts :

Yes you can, as long as it is NOT a small claim

Alex Watts :

Does that help?

Customer:

If it is £13,500 I assume it is not a small claim, can you just clarify. Thanks

Alex Watts :

That is correct

Alex Watts :

You would need a Solicitor for trial.

Alex Watts :

Then if you lose at trial you are liable not only for your legal costs but the costs or the other side.

Alex Watts :

Does that assist you?

Customer:

Although engaging a Solicitor is obviously the ideal (and sensible) way forward, I wont be in this instance as the likelihood is that there will be no winners, he won't be able to pay and I will be left with the costs from my side. This all relates to a 99 year old frail lady and my objective is to endeavour to stop this man operating in a similar fashion with other aged people, so I am prepared to invest in court costs, but a £7K say solicitors cost is too much for a moral victory.

Customer:

So I take it that I can do things myself? ....... yes I know that is dangerous :-)

Alex Watts :

Yes you can do this yourself.

Alex Watts :

OR they can also agree to make it a small claim

Alex Watts :

OR you can amend your claim to ONLY claim £10,000 to make it a small claim

Alex Watts :

Does that clarify?

Customer:

Ah, thats an idea. I guess if I do this and win and he can actually pay could I then go back with another claim for the residual or is this option then locked off. I think he is pretty smart, previous 4 residences were rented, old jag for his car and so I reckon any assets will be in someone elses name.

Alex Watts :

I see.

Alex Watts :

It is a matter for you of course

Alex Watts :

Can I clarify anything else?

Customer:

Just need to know. If I reduce the claim to £10,000 am I able to embark on a claim for the residual £3,500 at a later date if I so choose?

Alex Watts :

No you can't - it would be an abuse of process

Alex Watts :

It must be all in this claim which is either £13,500 or £10,000

Alex Watts :

Does that help?

Customer:

Yes, thanks

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