Igor Mozolevsky mozolevsky at
Fri Mar 30 23:59:50 BST 2012

On 30 March 2012 23:25, Francis Davey <fjmd1a at> wrote:
> 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 can absolutely out-strategy them, but I think the letter demanding
£700 is their letter before claim ;-)

>> 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 ...

I don't think that's necessarily proportionate for defendants for such
a low value claim especially for those who are out-of-London, and if
£15 Pt 36 offer is on file...

Igor M. :-)

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