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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11546
Experience:  30 years as a practising solicitor.
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I was taken to court by the Csa in September 2015 liability

Resolved Question:

I was taken to court by the Csa in September 2015 for a liability order they took out against me for payments up until July 2015. I approached a solicitor as I knew this money was not owed. The solicitor won it on my behalf. I then received a letter from the Csa in December 2015 informing me that my liability for payments ceased on 28/8/2014. My question is, could my solicitor apply to the courts for compensation on my behalf citing maladministration ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. What court dealt with the CSA application for a liability order.
Customer: replied 1 year ago.
Airdrie sheriff court.
Expert:  JGM replied 1 year ago.
An application to a sheriff court for a liability order is made by Summary Application procedure under section 33 of the Child Support Act. Under Summary Application procedure it is competent for the successful party to ask the court to make the unsuccessful party pay judicial expenses of the the court procedure. So as far as the court proceedings are concerned you should be able to be recommended for that.
As far as any overpayments are concerned, a claim can be intimated to the Secretary of State for compensation on the basis that the CSA made a mistake.
Happy to discuss.
Customer: replied 1 year ago.
Thankyou for that. My question didn't relate to overpayments and my costs were paid by the other party. My question related to the fact that I was taken to court in November 2015 and then told my liability had ended in August 2014.
I quite clearly should not have been taken to court in the first instance. Do I have grounds for a compensatory claim on the grounds of stress and anxiety caused?
Expert:  JGM replied 1 year ago.
No you don't. There is no law that allows a compensation claim for being taken to court wrongly. If you are taken to court and you win you get your judicial expenses. There is no procedure which allows compensation.
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