Ask a Law Question, Get an Answer ASAP!
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.
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.
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.
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.
Yes, that is right.
Your cause of action is in Gift. You must prove to the court the following elements:
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.
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.
Yes to both of your last two questions.