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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience:  Over 5 years in practice
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I have just been taken to the Small Claims Court by a builder

Resolved Question:

I have just been taken to the Small Claims Court by a builder (Claimant) who walked off site because I would not pay £1060 for work that was not complete and defective. The Judge found in favour of the Defendant (me) and said the the Claimant had not proved his case in the balance of probabilities (or something like that).
The Judge then worked out various costs and said that I need to pay the Claimant £570 for work done PLUS the Claimant's court fees of £180 (£70 + £110).
Can this be right (re. court fees) as he found in my favour?
Many thanks. PhilR
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

That would seem to be contradictory. Either he found in your favour or he did not. If he did not then you are not liable to pay.

It might be that he found that one of the claimant's allegations had not been proven but the case overall had which was why there was an award in his favour.

It sounds as though he found that, although the work was defective, something was due because work was done which was why the award was reduced to £570. In those circumstances, you are liable to pay the costs of issuing I'm afraid.

I'm very sorry if this is bad news but I have to give you realistic information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Apologies for a very late reply.

I was hoping to receive the courts letter confirming the costs awarded but it has not arrived. Also I had hoped that there would be a copy of the Judge's direction but I have been told that I would have to apply for this.

Also, your comment "Please remember to rate my answer. Your question will not close ..." is different to that shown on the web-site - "Rate your Expert's service to finish. If you rate “OK service” or higher you will close the question and ensure that your Expert receives credit."

I do not mind rating you but I did not want the question session to close.


You say - "Either he found in your favour or he did not. If he did not then you are not liable to pay."

Do you mean - "If he DID then you are not liable to pay."?
Expert:  Jo C. replied 3 years ago.
You can ask follow up questions after rating. People come back months after.

If the Judge found wholly in your favour you are not liable to pay.

If its just that he has reduced the award the you are liable to pay although making you pay full costs is a little inconsistent with that.
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
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