Small claim process has really strict rules in regards of what cost could be recovered. Court rules is set up limited list of cost and it amount that could be claimed in Small Claim Court.
Which costs could be reimburse in small claim case is governed by CPR 27, specifically Part 27 paragraph 14 and practice direction part 27 paragraph 7.1-7.3 “Costs”
No legal or solicitor’s fee could be recovered in case allocated at small claim track. Even if other party hire a lawyer to defend a small clam case claimant is not entitled to recover it.
List of recoverable small claim fee:
- fee for making money claim online(or starting small claim in paper)
- travel expenses directly related with attending hearing and not exceeding £260 (Practive Direction CPR 27 paragraph 7.2)
- loss of earning and absents at home in relation of attending small claim hearing for both parties and witnesses, daily amount not exceed £95
- expert’s fee if fee doesn’t exceed £750 per expert.
Unrecoverable small claim fee:
- court may not to order to recover appeal fee
- solicitor’s or barrister’s fee, except small fixed fees under CPR 45
- bailiff or enfrocement agent fees in case of claimain apply for enforcement judgment
Fixed legal fees is recovered in small claim
Under the Practice Direction Rule 45, fixed commencement costs which is fixed legal fees could be recovered to the claimant in case of his winning.
Claimant is entitled this legal cost if he employed solicitor to start small claim.
Size of exceptional and recoverable legal fee is represented in Table 1 CPR 45.2:
- £50 for claims up to £500
- £70 for claims from £500 to £1000,
- £80 for claims over a £1000 but not exceeding £5,000
- £100 for claims over £5,000
Defendant is not entitled for recovery fixed legal cost unless he paid specified claimed amount within 14 day after being served with particulars of claim under the Court Rule 45.3.