Copyright Aid

Hi

Someone was using one of my photos on their website, when I took the claim to IPEC small claims court they ruled against me. The paperwork I received from the court said

It is ordered that:
1.The claim be dismissed
2.Costs reserved

In the written reasons it says.
If the defendant seeks an order in respect of any costs, fees or expenses he has incurred under CPR 27.14 in the light of the decision he should file at court and serve on the claimant details of any such claim...

I have just received an invoice from the defendant for their legal fees and also their expenses.

My question is do I have to pay their legal fees?

James123

Hi James,

I'm sorry to hear that you lost your case.

You are not obliged to pay the other party's costs until the court makes a costs order. It may be that the invoice you have received is actually the defendant's way of informing you of the amount that they are going to ask the court to make an order for. I suggest you check with the judge's clerk to see if the defendants have requested a costs hearing (it may not be necessary to attend the court, and could all be done on the papers). You should be given the opportunity to query any amounts which the defendant has put forward. As you are probably aware in the IPEC small claims court there are fairly rigid caps on costs. CPR 27.14 limits costs to:

• a. the fixed costs attributable to issuing the claim,  
  b. any court fees paid by that other party, expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing,  
  c. a sum not exceeding £90 per day for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing,  and
  d. a sum not exceeding £200 for an expert’s fees.

In other words the legal fees of the defence team cannot be included, unless these are in fact court fees, for instance if the other party issued a counter-claim.