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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i am suing a water company damage to my garden

Resolved Question:

i am suing a water company for subsidence damage to my garden and outbuildings. initially my claim was for under 10k and hence would have been in the small claims court. since my original claim i had to amend my claim and add a 2nd defendant. the claim has now risen to 16k. it has now been allocated to the fast track.
my question is if the sum claimed is made up from the various elements of my claim how does the court look at the retrievable costs elements of it went to trial?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : When you say costs, costs of what please?
Customer:

hi i have surveyors costs and they will no doubt have their own costs. what i am saying is now it is over 10k costs are obviously recoverable?

Alex Watts : Ok so these are costs of litigation ie expert costs?
Customer:

correct

Alex Watts : if so then yes.
Alex Watts : But you need permission of the court to adduce expert evidence
Alex Watts : But if you win then yes, these costs can be recovered
Alex Watts : Can I clarify anything for you about this today please?
Customer:

the water company initially instructed me to obtain a surveyors report to ascertain the damage to the garden

Alex Watts : Ok. But you will still need permission to adduce it in court.
Alex Watts : No permission - no expert report
Alex Watts : Does that help?
Customer:

not really. as i pointed out the initial claim was under 10k and i appreciate no costs would be claimable apart from court costs. now there are 2 defendants, the damage i am looking for against defendant 2 is only 4k. how does the court apportion costs when they award costs i.e. what costs will i be able to claim, solicitors costs, barristers costs etc etc

Alex Watts : Yes costs of litigation,
Alex Watts : so lawyer fees, expert fees etx
Alex Watts : etc
Customer:

thanks

Alex Watts : if you do it yourself you can claim £18 an hour.
Alex Watts : Can I clarify anything for you about this today please
Customer:

i still don't understand at what stage i.e are costs not recoverable?

Alex Watts :

Experts are joint so should be paid 50/50

Alex Watts :

As for other costs ie Solicitor etc are all dealt with at the END of trial

Alex Watts :

Does that help?

Customer:

no! as i explained originally claim was for 10k now there are 2 defendants on same claim. one defendant however is only being sued for 4k. the total for both is over 16k. does the court allow all of the costs including the defendant where the sum claimed is only 4k?

Alex Watts :

Its fast track because the highest dispute is £16,000 unless the Court orders a split trial

Alex Watts :

Its over £10,000 in total so NOT a small claim

Alex Watts :

If it was £9000 one, £4000 another it would be a small claim

Alex Watts :

But it is not.

Alex Watts :

You have one claim of £16,000 so its NOT a small claim

Alex Watts :

Does that clarify?

Customer:

yes thanks.if i want to make an offer i.e. a part 36 do i make it against each defendant?

Alex Watts :

Yes.

Alex Watts :

Because they are two separate claims

Customer:

many thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

no thank you

Ash and 2 other Law Specialists are ready to help you