Francis Davey fjmd1a at
Fri Mar 30 23:25:32 BST 2012

2012/3/30 Igor Mozolevsky <mozolevsky at>:
> Because that's how much it would (generally) cost you to defend the
> claim if you instructed a solicitor. Obviously if you lose, you'd have
> to pay the damages plus court costs on top of that, and if you win,

So, the correct way to approach that is to make a Part 36 offer of
(say) £15 at the outset. When £10 is awarded, they pay your costs etc.
You should not be able to make money out of a threat of litigation if
the parties know what they are doing - otherwise this would be SOP in
commercial disputes and it very much is not.

If they (sensibly) make a pre-action claim for £10 you just pay it.

> you don't get back the money you paid to the solicitor to defend the
> claim as the claim would most likely be allocated to the small claims
> track. So you end up having to gamble: pay them or take your chances
> in front of a judge (and pay essentially the same amount)...

As a copyright claim its very likely to be sent to the PCC (at least
nowadays) and if you wish you can push it that way (see above). The
PCC has no small claims track, so ...

Francis Davey

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