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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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If the claimant originally claimed for a lesser amount via

Customer Question

if the claimant originally claimed for a lesser amount via his solicitor but has now revised his claim to a higher amount bearing in mind he has stated two separate amounts that he says he owes, will this not go badly for him? if I submit our defence will the county court make a judgement against us without hearing from us in person?
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Paul, you are correct, that there will be clear issues as to the credibility of the Claimant claiming a larger amount today then he claimed when the Letter before Action was written. It will immediately raise the inference that one of the amounts claimed is wrong. In essence this weakens the Claimant's credibility and his case. However, the law does not prevent a Claimant from claiming a larger amount in his County Court proceedings that he claimed in his Letter before Action. So whilst the issue does to credibility, it is not fatal to the claim made.

Expert:  Buachaill replied 11 months ago.

2. Secondly, if you submit a defence, the case will proceed to hearing. The County Court will not make a judgment without hearing the actual evidence in the case, as it will be clear there is a dispute in issue which cannot be resolved without oral evidence. Additionally, there is the issue that the amounts claimed by the Claimant vary.

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Customer: replied 11 months ago.
fantastic to talk with you, it has made sense of what I thought it should be like, should I counter claim for the cost of my time in having to defend this or is that just a bit petty?
Customer: replied 11 months ago.
If we submit a defence and the claimant is chancing his hand might his legs wobble and can he withdraw the case?
Expert:  Buachaill replied 11 months ago.

3. I regret to say you cannot claim for your time as a lay person in defending the claim. If you hire an expert you can claim for their time. Secondly, the claimant can withdraw his case. However, he will be left with a liability to you in costs. So, expect the Claimant to negotiate if he wishes to withdraw his claim.