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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There is a claim for £2529.11 that was heard in small claim

Resolved Question:

There is a claim for £2529.11 that was heard in small claim track, the Judge awarded legal cost of £2180 which I find not appropriate because I read from the websit of small claim track that legal fees is limited to about £250.00. Please let me know whether this has been been revised.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the judge make a finding of unreasonable behaviour please?
Customer:

no. she just admitted the claimant's cost schedule of £2,180.00

Alex Watts : But there must have been a reason, are you sure it was a small claim?
Customer:

There was an order made by the court to move it to small claim track.

Customer:

There was an order made by the court to move the case to small claim track.

Alex Watts :

Costs are only payable on a small claim if you have acted unreasonably

Alex Watts :

This is CPR 27.14(2)(g)

Alex Watts :

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

Alex Watts :

Therefore you can appeal it on the basis unless the Court made a finding against you of unreasonable conduct that the Court was wrong

Alex Watts :

Therefore you can appeal

Alex Watts :

You need to complete this form:

Alex Watts :

http://www.familylaw.co.uk/system/uploads/attachments/0002/2197/n164_e0407.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

It is not a family matter. The original claim was for £7,885.94 for materials purported to have been supplied to me I paid £5,780.46. The court then was reduced the claim to £2,105.48. Thereafter the claim was allocated to small claim track I will quote the Judge " District Judge xxxxxxxx has considered the statements of case and the questionnaires filed and allocated the claim to the small claim track." I made an error initially the claim is for £2,105.48 not £2,529.11, the legal cost is just for the hearing at the small claim track.

Alex Watts : Yes I know it's not a family matter but that is just a link to a small claims appeal form.
Customer:

I represented myself in the small claim hearing. Alex can you handle the appeal on my behalf or recommend someone.

Alex Watts : I can't be instructed sadly as it is against site rules.
Alex Watts : But to find someone locally please go to
Alex Watts : http://solicitors.lawsociety.org.uk/
Alex Watts : Does that help?
Customer:

Alex thank you, XXXXX XXXXX been helpful.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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