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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can a claimant sue a defendant costs incurred due to

Resolved Question:

Can a claimant sue a defendant for all costs incurred due to a spurious counter claim?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What have been the costs?
Customer: replied 8 months ago.
in excess of £10,000.00 which are legal & court costs
Expert:  Jo C. replied 8 months ago.
But surely you would have had those costs anyway as you were suing?
Customer: replied 8 months ago.
I will be back at 4.40 today or if you prefer to call at the weekend? Thank you
Expert:  Jo C. replied 8 months ago.
I will submit an offer.
Customer: replied 8 months ago.
I don't think a conversation is necessary, please see case notes as follows: I took the defendant to court for non-payment of an invoice which totalled £6,800.00 which put a simple case into the small claims which I thought I was able to deal with myself the defendant submitted a counterclaim in excess of £20,000.00 which upgraded the case to fast track which instigated more court costs & also meant I would have to employ a solicitor. The defendant then submitted an application to present 4 witnesses & 2 expert witnesses in support of his counter claim which upgraded it to multi track which instigated further costs for a 2 day hearing. I turned up on the 1st day neither the defendant nor any witnesses turned up as the defendant decided to go on holiday, the defendants counter claim was dismissed, however my claim was also dismissed on the grounds I hadn't submitted the required court bundle in the right format & also not submitting a skeleton argument.I did issue a 2nd proceeding against the defendant but the defendants solicitor got it struck out as an abuse of process under CPR3.4 (2) (b) which the court accepted & defendant awarded £3,000.00 costs. So I am forbidden by court to pursue my claim of unpaid invoice but my original question was can I pursue the defendant for all costs legal & solicitors incurred as a direct result of the defendant submitted a spurious counter claim which I am able to prove is spurious.
Expert:  Jo C. replied 8 months ago.
Ok. In that case, if you win you would be entitled to your costs. There is no way around it. You wouldn't need to sue separately. There would be a costs order in your favour if indeed there have been costs caused by this claim.
Customer: replied 8 months ago.
Please forgive my ignorance if I am mistaken but originally asked for an in depth answer to my question, your answers seems very basic. Is there know technical reference i.e under section ??? you can pursue an individual for costs incurred due to an untrue counter claim or claim
Expert:  Jo C. replied 8 months ago.
There is not really much I can add to this.Yes, you are entitled to costs.
Jo C., Barrister
Category: Law
Satisfied Customers: 69513
Experience: Over 5 years in practice
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