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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3978
Experience:  Solicitors 2 years plus PQE
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Fast track at county court. Civil fraud. If claimant lose

Customer Question

Fast track at county court. Civil fraud. If claimant lose how much legal cost should be paid for the defendant
Submitted: 9 months ago.
Category: Law
Expert:  Alex J. replied 9 months ago.
Thank you for your question and welcome. My name is ***** ***** I will assist you. Your costs will be assessed by the court - I would expect to receive about 80% of them back but it is possible to get up to 100%. There are some items you just won’t recover for example wasted time. The other party may also argue that some of the solicitors time spent was excessive or unnecessary. Will you have a costs hearing? Kind regards AJ
Customer: replied 9 months ago.
I am litigation in person the case just after the allocation hearing. I just realise there is an indemnity cost. Does your answer is based on the indemnity cost? I am the claimant, can I change the reason I sue defendant? Originally I sue them because of civil fraud. Know I want to change to negligance. As far as i know there is no indemnity cost for negligance. If i sue civil fraud but nor success can i win the case by downgrade to negligence.
Expert:  Alex J. replied 9 months ago.
Thank you. Civil fraud is incredibly difficult to prove - and yes costs are on an indemnity basis - but they still have to be reasonably and properly incurred by the other side. If you are going to make a negligence claim you would need to amend your claim form. How far along are the proceedings?