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John Knox
John Knox, Solicitor
Category: UK Law
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Experience:  Solicitor and Advocate
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I am about to make a claim on money claim online for a customer

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I am about to make a claim on money claim online for a customer who agreed to spend £50'000 with me on adverting, he cancelled his contract early, and only spent £5000.

If i sue him for 45k i will be liable for his costs if i lose, as it is over 5k

So i want to sue him for £4500, as i understand anything less than 5k will be delt in the small claims court, and if i lose, i dont pay his legal fee, is it impossible if i win, i can then re sue him for the rest of the money, if so , do i need to but a clause in my claim such as "Velo Media reserves the right to seek damages at a later date ??"

I will do my best to help you with this.

I can see why you want to proceed in the way you suggest. However, please note that there are two important principles which prevent you from doing so. They are called 'abuse of process' and res judicata. Basically, the rule is that you must bring to Court, on one occasion and in one set of proceedings, your full claim relating to certain subject matter.

If you sue for £5k and win, then later bring a claim for £45k which relates to the same subject matter, it would be open to your opponent to argue that that is an abuse of process and that you should not be allowed to pursue your claim.

If your claim is a good one and you are confident, you should not be too concerned that costs will come into play and you should go for the £50k claim.

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