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I am the defendant in a small claims court dispute The

I am the defendant in...
I am the defendant in a small claims court dispute
The claimant has made the following offer:
"You agree to withdraw your defence and to submit to judgement in my firms favour which for the avoidance of doubt includes court fees and fixed costs"As the claimant intends to add the amount owed into a clause on a current court order (at my expense ) should I also agree to his request as stated above too.
I am defending his claim and therefore feel that although I would agree to this new lower sum somewhat uneasy at his wording of "in his favour"
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Answered in 9 hours by:
2/17/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 368
Experience: Senior Associate Solicitor and Litigator
Verified
Hi, is there any merit in your defence? If they won they’d be entitled to a sum which would be assessed by the court plus court fees and the fixed costs (which aren’t high due to it being a small claim matter). If they won then the court would order “judgment in favour of the claimant” or similar words to that effect which just means they succeeded and the defence failed. Either side can make an offer to settle. There are litigation risks on both sides usually so it’s up to you - if you have no real prospect of successfully defending the claim then i’d try to settle on the best terms possible. Hope this helps? Please click accept if I’ve helpes you today. Thanks, James
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I can see the pleadings and advise further if this helps
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Customer reply replied 4 months ago
I believe I have a good defence but just want this to go away as I am severely disabled and cannot cope with the stress. Is it possible to have a consent form that does not apportion favour to either side
the matter can be compromised without any reference to blame. You could offer them a sum of money and say that the offer is made on the basis liability remains denied, eg. “The defendant makes an offer to the claimant in the same of £x inclusive of interest and subject to costs, with no admission of liability. Such offer to be open for a period of (say 21 days or less), after which it will be withdrawn. The Defendant do pay the claimant’s fixed costs further to Part 45 of the Civil Procedure Rules. Both parties at liberty to apply to the court in default of the terms of this order.
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 368
Experience: Senior Associate Solicitor and Litigator
Verified
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