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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 148
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I need advice on making a small claim for an engagement ring

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Hi i need advice on making a small claim for an engagement ring that my boyfriend has failed to give me back after a break up even though he told the solicitors he would
JA: Where are you? It matters because laws vary by location.
Customer: sheffield uk
JA: What steps have you taken so far?
Customer: I have told him i am going to take him to small claims but I’m unsure of the costs and what if I loose. My solicitor told me to do this after selling the house or he’d never sell
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i want to know how successful I’d be seen as i have emails from the solicitors involved where he’s has said he’d return the ring

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Customer: replied 9 days ago.
Hi Can you please advise small claims court costs

You will need to issue court proceedings for your ex boyfriend to return the ring.


If the value is under £10,000, this is a small claims track matter which is designed for non-lawyer litigants and legal costs are generally not recoverable from the losing party.

 

The matter may not go to trial. You boyfriend may settle after you issue proceedings.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Customer: replied 9 days ago.
If i lost what costs could i expect the ring was valued at £4500
Customer: replied 9 days ago.
Does it sound highly likely that I will win as we have emails where he says he located the ring and would return it.l We think he may of sold it

Then it's a small claims matter. The only costs you will incur are the new claim issue fee and hearing fee, which are recoverable if you win. Your ex boyfriend won't be able to recover legal costs even if he wins.

The issue fee for a claim of this value will be a few hundred pounds.

In that case you have a claim for misappropriation of property and can sue him for the value.

 

I cannot advise you on your prospects of success without a full document review and client consultation.

Customer: replied 9 days ago.
What would be the costs of this type of claim and can fees be recovered?

No, you cannot recover fees on the small claims track unless a party has behaved unreasonably.

It will not be worth instructing solicitors as the costs will outweigh the value of the claim.

Customer: replied 9 days ago.
So is the small claims court the best way to go as this was an outright gift?

Yes, that is right.

 

Your cause of action is in Gift. You must prove to the court the following elements:

 

  1. Intention of donor to give the gift to the donee (donative intent)
  2. Delivery of gift to donee.
  3. Acceptance of gift by donee.
Customer: replied 9 days ago.
So if i took him to a small claims court and say i lost would there be any other costs to me other than the new claim fee and hearing costs?
Customer: replied 9 days ago.
If he no longer has the ring in his possession would he have to this value in money?
Also would photos of him proposing with the ring on my finger prove the above ie gifting? 1,2,3

Yes, the issue fee and hearing fee will be about £600 combined. You may claim those disbursements back from him.

Yes, photos prove the existence of the ring and his gift of it to you.

Customer: replied 9 days ago.
So on the whole we have Avery strong case?

I think you have an arguable case. I am reluctant to give more than 51% prospects of success in any dispute. But I think it is worth going to the time and expense if you are so minded.

Customer: replied 9 days ago.
If we won would the courts award that he pays the disbursements or would we then have to chase them?
Customer: replied 9 days ago.
I’m sorry I’m not sure if my question was answered regarding if he no longer has the ring would he have to pay the money back?

Yes to both of your last two questions.

Ed Turner and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you for your helpful advice