Any solicitors on here? need some advice please...

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Delta99

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Am in the middle of a small claims case about a horse that's not fit for purpose.
However, have now decided to keep the horse as the stud I bought it off would probably put it down.
If I strike the claim, will I have to pay the other party's legal fees?
Or would it be possible to change the claim to loss of value due to the horse;s problem rather than claiming for the full purchase price?
Any advice would be greatly appreciated, pls pm me if you need more detail about the case.
Thanks a lot.
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Hi, if you discontinue the claim you are normally liable for costs although in the small claims court these are limited.

I would make a settlement offer to the seller. Send a letter telling them that you would be prepared to accept £xxx in settlement of the claim for an early conclusion and see what they say. I'd pitch the offer a bit high and be prepared to negotiate.

If they do not accept this you can ammend your claim form, but you need to make an application to the court to do this.

What stage is your case at? Have you filed allocation questionnaires yet?
 
yes, have done the allocation questionnaire.
don't think the sellers will settle, they seem to think they did nothing wrong.
does it cost more again to amend the claim?
Will I need to pay the seller's legal fees if I lose? My solicitor told me that it's up to the judge but it's unlikely in small claims as you don't have to use a solicitor, is this correct?
 
Hi, Caroline Bowler from Actons Solicitors in Nottingham is an equine lawyer. She has her own horses and has given me great advice. Her no. is 01159 100237.
 
You would normally pay a fee for an application, I think it is £40 without checking. There is a form you fill in and send to the court.

If you loose your case you can be ordered to pay costs in small claims but normally only if you have been particularly unreasonable. The small claims process is designed so that people can represent themselves and so that there aren't any nasty penalties.

If they won't settle for an amount that would be acceptable to you for reduced value then I'd probably proceed, you have very little to loose and the judge will use his discretion, he could award a lesser amount if he thinks that the horse has a residual value. Judges are normally sympathetic to claimants who represent themselves and try to give them the benefit of the doubt if they don't get everything right proceedurally.
 
agree with Katt re. negotiating with the stud. If you go to small claims you have to be prepared for the judge awarding the horse back to the stud.
 
Yes the judge i had was very sympathetic to the claimant. He let her submit false statements and claim expenses without providing reciepts. Don't take anything for granted sometimes the legal system is a farse. If the defendant wins they pay nothing and cannot normally claim anything back off the claim ant with the exception of travel expenses loss of earnings for the day. Even that is at the judges descression. If you win then they will pay your court costs and whatever you are claiming for. And as the OP has said could return the horse in return for a full refund. If thats the case you would be able to charge for the up keep of the horse off the defendant for all the time you have owned the horse. Good luck what ever you decide to do. You can pm me if you like for more details.
 
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Yes the judge i had was very sympathetic to the claimant. He let her submit false statements and claim expenses without providing reciepts. Don't take anything for granted sometimes the legal system is a farse.

[/ QUOTE ]

My cousin, who is a solicitor, told me that there is a big difference between the law and justice - as I found to my cost when I went to small claims court over my lodger's unpaid bills!
 
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