| Calderbank Offer - small claims 12:33 - Oct 9 with 1313 views | Zx1988 |
One for the forum's legal beagles...
Do Calderbank Offers (without prejudice, save as to costs) have effect in the Small Claims Court?
I'm in a dispute with a home improvement company, and have been offered about half of the sum claimed on a Calderbank basis.
My understanding was that the small claims track is broadly costs free, barring the claim fees, so long as all parties comply with the directions. Is this correct? Or should I be giving the offer serious consideration if there may well be cost implications attached? |  |
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| Calderbank Offer - small claims on 13:17 - Oct 9 with 1212 views | redrickstuhaart |
They would need to persuade a court that it was unreasonable conduct to refuse the offer. A high bar and rare. | | | |
| Calderbank Offer - small claims on 15:45 - Oct 9 with 1059 views | MedwayTractor |
Calderbank offers affect the liability for the costs of legal proceedings and the purpose of such an offer is to settle a case without recourse to Court proceedings, thereby saving the costs of the proceedings. In the Small Claims Court, as I understand it, legal representation is neither required nor deemed necessary and therefore, the Court will not have the power to award costs. A Calderbank offer in these circumstances, therefore, will have no affect.
I dealt with Calderbank offers many times in my 40 odd years dealing with property disputes as a Chartered Surveyor, but I've been retired for a few years now. Perhaps you should consider getting some up to date legal advice, if you haven't done so already. Try the Small Claims Court first, then perhaps the Citizens Advice Bureau, they may have access to free or low cost advisors. It strikes me as wrong that you should have to pay for legal advice for something which is, in effect, your opponent's misunderstanding. |  |
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| Calderbank Offer - small claims on 16:13 - Oct 9 with 1023 views | Zx1988 |
| Calderbank Offer - small claims on 15:45 - Oct 9 by MedwayTractor |
Calderbank offers affect the liability for the costs of legal proceedings and the purpose of such an offer is to settle a case without recourse to Court proceedings, thereby saving the costs of the proceedings. In the Small Claims Court, as I understand it, legal representation is neither required nor deemed necessary and therefore, the Court will not have the power to award costs. A Calderbank offer in these circumstances, therefore, will have no affect.
I dealt with Calderbank offers many times in my 40 odd years dealing with property disputes as a Chartered Surveyor, but I've been retired for a few years now. Perhaps you should consider getting some up to date legal advice, if you haven't done so already. Try the Small Claims Court first, then perhaps the Citizens Advice Bureau, they may have access to free or low cost advisors. It strikes me as wrong that you should have to pay for legal advice for something which is, in effect, your opponent's misunderstanding. |
Given their conduct so far, I have the feeling that they know exactly what they are doing. They clearly hope that I will think that the Calderbank offer will be effective in a claim such as this, and I'll settle at the reduced figure rather than risk having to pay their costs.
The fact that it is going to cost them more to defend the claim (what with them using solicitors) than it would to pay what it is that I'm claiming is something that I shall be leveraging in negotiations, and I rather feel that their attempt to settle at a semi-decent figure suggests that they know that a court appearance could be expensive for them. | |
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| Calderbank Offer - small claims on 16:22 - Oct 9 with 1007 views | redrickstuhaart |
| Calderbank Offer - small claims on 16:13 - Oct 9 by Zx1988 |
Given their conduct so far, I have the feeling that they know exactly what they are doing. They clearly hope that I will think that the Calderbank offer will be effective in a claim such as this, and I'll settle at the reduced figure rather than risk having to pay their costs.
The fact that it is going to cost them more to defend the claim (what with them using solicitors) than it would to pay what it is that I'm claiming is something that I shall be leveraging in negotiations, and I rather feel that their attempt to settle at a semi-decent figure suggests that they know that a court appearance could be expensive for them. |
They are quite entitled to make such offers and they can have effect in small claims IF refusal is found to be unreasonable conduct. That is highly unlikely but technically possible.
For instance, someone declining an offer of payment in full because they want their day in court, or declining an offer because they claim a damaged item is worth far more than they can prove, Could be unreasonable. But its a high bar. Way beyond just beating an offer. | | | |
| Calderbank Offer - small claims on 16:23 - Oct 9 with 1000 views | Zx1988 |
| Calderbank Offer - small claims on 16:22 - Oct 9 by redrickstuhaart |
They are quite entitled to make such offers and they can have effect in small claims IF refusal is found to be unreasonable conduct. That is highly unlikely but technically possible.
For instance, someone declining an offer of payment in full because they want their day in court, or declining an offer because they claim a damaged item is worth far more than they can prove, Could be unreasonable. But its a high bar. Way beyond just beating an offer. |
Indeed.
I shall be countering it with an offer to settle in full, whilst forgoing the court costs and interest to which I am entitled, and will see what they have to say. | |
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| Calderbank Offer - small claims on 17:05 - Oct 9 with 964 views | farkenhell |
| Calderbank Offer - small claims on 15:45 - Oct 9 by MedwayTractor |
Calderbank offers affect the liability for the costs of legal proceedings and the purpose of such an offer is to settle a case without recourse to Court proceedings, thereby saving the costs of the proceedings. In the Small Claims Court, as I understand it, legal representation is neither required nor deemed necessary and therefore, the Court will not have the power to award costs. A Calderbank offer in these circumstances, therefore, will have no affect.
I dealt with Calderbank offers many times in my 40 odd years dealing with property disputes as a Chartered Surveyor, but I've been retired for a few years now. Perhaps you should consider getting some up to date legal advice, if you haven't done so already. Try the Small Claims Court first, then perhaps the Citizens Advice Bureau, they may have access to free or low cost advisors. It strikes me as wrong that you should have to pay for legal advice for something which is, in effect, your opponent's misunderstanding. |
That's not true. The court does have the power (an absolute discretion) to award costs, but in cases that have been referred to the Small Claims Procedure, the judge must find that the paying party has conducted him/herself unreasonably (a high bar, as the other poster has explained clearly). | | | |
| Calderbank Offer - small claims on 17:09 - Oct 9 with 953 views | farkenhell |
| Calderbank Offer - small claims on 16:23 - Oct 9 by Zx1988 |
Indeed.
I shall be countering it with an offer to settle in full, whilst forgoing the court costs and interest to which I am entitled, and will see what they have to say. |
Up to you or course, but I would insist that they pay the court fee if you gave them an opportunity to pay prior to court proceedings. | | | |
| Calderbank Offer - small claims on 21:21 - Oct 9 with 852 views | MedwayTractor |
| Calderbank Offer - small claims on 17:05 - Oct 9 by farkenhell |
That's not true. The court does have the power (an absolute discretion) to award costs, but in cases that have been referred to the Small Claims Procedure, the judge must find that the paying party has conducted him/herself unreasonably (a high bar, as the other poster has explained clearly). |
As I inferred, I've been out of the field for some time, so my knowledge is a little rusty. I defer to your superior knowledge. My work was generally in referrals to Courts from County to High (so well above the level of the Small Claims Court), plus Arbitrators and Independent Experts, but I did use the SCC once on a personal matter. | |
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