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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am considering issuing proceedings in the County Court

Customer Question

I am considering issuing proceedings in the County Court for c £15,000. I believe it will be allocated to the Fast Track. I am concerned about what costs I may face if I lose - particularly legal costs on the other side. I suspect they will send a barrister. Are they capped or limited in any way?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What type of claim is it please?
Alex

Customer: replied 1 year ago.
It is a claim for professional negligence. A registered and qualified accountant has set up a pension scheme using a loophole in pension regulations. A civil service pension has been transferred in and the money turned to dust in some sort of "penny shares".
Expert:  Ash replied 1 year ago.

Ok - then yes there are NO upper limits on costs which can be claimed. Save for the rate for a Barrister is set by the CPR. If its £15k then a brief fee would be £1035 + VAT.

However costs are summarily assessed at the end of the hearing, the Judge will want to make sure that they are reasonably incurred and proportionate. But yes if you lose then you are liable to pay costs.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
No - that's as helpful as you can be. I'll check the figures and see if it can be a "small claim".Thanks
Expert:  Ash replied 1 year ago.

£10,000 is a small claim.

I hope that helps.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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