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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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An individual running as a limited company as a consultant copywriter, has filled a claim

Customer Question

An individual running as a limited company as a consultant copywriter, has filled a claim against me a self employed proprietor of my own company.
I am filling a small £5K ounter claim against this individual ltd. company.
I know I will win this guy has no knowledge of contract law at all and is insisting a quote is contractually binding.
Is there some way I can I secure potential payment prior to attending court. It is doubtful this individual has any money or assets.
I want to know I will not be wasting my time and money.
Submitted: 2 years ago.
Category: UK Law
Customer: replied 2 years ago.
Especially as a limited company with doubtful funds to pay a successful counter claim
Customer: replied 2 years ago.
Successful payment from the the courts judgement not ahead of the court, sorry
Expert:  Buachaill replied 2 years ago.
1. There is no system of up front payments in legal actions. In general legal actions await the outcome of proceedings before a court orders payments. However, as this is a limited company of doubtful solvency, you should seek an order for security for costs against the limited company. This is an order which required the limited company to lodge a bond or monies as security for any legal costs that might be awarded against it in the legal action. In this way, you will be able to ensure that if you do win, then your legal costs will be paid. Accordingly, ask your solicitor to issue a motion seeking security for costs against the limited company before the case goes to trial. You will probably find that if you are successful in getting security for costs, this claim against you. might no longer be pursued.
Customer: replied 2 years ago.
Ah, small omission from the description the claim is in the small claims court and so no legal costs as we are representing ourselves.
is there any way of seeking bonds against my counter claim response to his claim
Expert:  Buachaill replied 2 years ago.
2. No, there is nothing of this nature is the small claims court. The small claims court is designed to be without procedures and facilitate an early oral hearing to dispose of the case. Nothing is decided in advance of the hearing and there is no such thing as seeking bonds in the small claims court. The amounts of money involved don't merit such procedures.