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Old 19-09-2006, 15:17   #51
Okonski
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Re: Legal Action Against NTL

Quote:
Originally Posted by big_rayster View Post
One of the best things about the small claims court is that if you do lose you don't have to pay the other sides court costs!
If only that were true! The loser in any court case has a liability to pay full costs of the action - it doesn;t matter if they initiated the action or not. The Small Claims Court does have an advantage that the costs are capped to a maximum of £80, and it is the judges discretion that can limit or disallow expense claims. If the pursuer (you) wins, your costs are covered, however if the court rules against you, the defender (them) can claim their reasonable costs up to the cap - some do not make the application, but just because they don't doesn't mean they cannot.
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