A night out with Stephen Gold? How very dare you! Chapter 25 – Compensation for Hassle and Mental Distress

There have been loads of decided cases on the subject of when and whether you can claim for the hassle and metal anguish caused by your predicament. Many of them contradictory. The law could even change with a decision of the Supreme Court.

But what I recommend is that you ensure it is not your case that goes there as that could be expensive. Instead the county court and High Court are likely to deal with any claim by (or against) you by applying the general principles set out in Chapter 25.

* Do check posts on this blog for any legal developments since this chapter was originally published.

NOTE: This is the last extract we'll be publishing for now. Hope you have been helped by and enjoyed the free extracts of Breaking Law we have brought you over the past two months. We will be treating you to some more from time to time in the future. If you would care to buy my book (this Gold bloke has a nerve, hasn’t he?) as your own doorstop or as a gift for a family member or friend who is need of advice or can be expected to be in some sort of legal trouble in the very near future, then please don’t be shy to do so.

The chapters you haven’t seen cover the delights of bankruptcy, divorce, mortgage problems, shopping disputes and much more.

And now for something completely interesting: Chapter 24 - Interest on Debt, Compensation and judgments

What does you savings account pay at the moment? 0.5%? 1.5% if you're lucky and don't need the money now to pay for the Xmas excesses? So it might be a bit of a shock to find out that if someone owes you money under judgment you might be able to charge them 8% interest on what they owe. You read that right 8% (thanks to a law that came into force in 1993 and has not been changed since).

As ever there are rules and exceptions but this type of interest can add up to a tidy sum so find out when this can apply and how to get the interest due in Chapter 24.

* Do check posts on this blog for any legal developments since this chapter was originally published.

The Bailiff Strikes!: Chapter 23 - Execution

This one is for those of you on the wrong end of a visit from a bailiff. There are strict rules that the unwelcome visitors have to abide by: they can't just come in and take everything you own and their paperwork has to be shipshape. Knowing what those rules are may give you some changes to delay things so you have more time to get your house in order so in this Chapter I've explained what they are in all their glory.

* Do check posts on this blog for any legal developments since this chapter was originally published.

Can't Pay, Won't Pay: Chapter 22 - Getting your money under a Judgment

Winning in court might well be the easy part. Before you celebrate at the Fat Duck you'll need to get the money you are owed and that can take some time and perhaps some perseverance. Choosing the best option to enforce payment from a reluctant opponent is vital so I've explained them all in Chapter 22.

Along the way I've also set out some words of wisdom that can take the heat off if you are the one being chased by your creditors.

* Do check posts on this blog for any legal developments since this chapter was originally published.

Complaints? I have had a few but then again too few to mention: Chapter 21 - Challenging the Judge's Decision

Don't like the end result? Then you have the options to complain or appeal though the latter is the one to pursue if you think the judge has come to the wrong conclusions. Both routes explained here and also some essential insights on when and how to appeal.

The Ugly Face of Proceedings: Chapter 20 - The Register of Judgments

So you have been sued and found to owe some money. You'd rather not compound the misery by having that fact available for all to see yet that's what can happen through the Register of Judgments.

I have some neat tricks to help you avoid that fate as set out in Chapter 20.

Kissing & Making Up: Chapter 19 - The Tomlin Order

In every area of law you will come across something named after either the poor person who's case had the misfortune to give birth to it or the smart Alec judge who came up with it. In our case it is the Tomlin Order, named in honour of Mr Justice Tomlin who first used one in the case of Dashwood v Dashwood.

It's a form of order that helps you kiss and make up after proceedings have started but leaving you wriggle room to turn heavy again if the other side fails to honour the bargain. Chapter 19 gives the words you need to put this into action.

Small is beautiful: Chapter 18 - Small Claims

Up to £10,000 is a small claim? While it may be riches to you, it is small in the legal world and the rules are simplified to make it easier for you to make your claim. You can even do it online (I have - several times). Want to know more? Then read Chapter 18.

Don't make the judge cross with your cross-examination: Chapter 17 - In Court for Your Civil Case

Into the court room rode the lone the litigant, witnesses to the left of them, opponents to the right of them and the judge in front of them*. So how do you come out unscathed? Plenty in this chapter on cross-examination, managing witnesses, giving evidence and more.

* apologies to Lord Tennyson if he's reading

Hug The Usher: Chapter 16 - Outside the Court Room for a Civil Case

So the Big Day has arrived - you're off to court. But how long will you wait? How should you dress? And who should you curry favour with? Some tips borne of my experiences are all set out in Chapter 16

The early kill: Chapter 15 - Daft Cases and Daft Responses

Is the other side clearly hell bent on litigating a hopeless case? Then you can get their case struck out (to use the jargon) so that you don't have to get involved in lengthy court proceedings without good reason.

In this chapter I tell you when and how you can do this - but whatever you do don't call it the early kill!

Sock it to 'em in writing: Chapter 14 - Witnesses and their Statements

There is 'no property in a witness' What on earth does that mean? Well I'll tell you and explain the importance and intricacies of witness statements in your case in Chapter 14 set out below.

Cap the costs of going to court: Chapter 13 - Court Fees

"On the Ninth Day of Christmas my true love gave to me nine ways to save on court fees".

Now I know it's not the ninth day yet but give me some poetic licence, especially as these tips are dynamite. The costs of actually issuing court proceedings can be excessive but I'll show you some clever tactics to employ that will help keep them to a minimum. But please note that no refunds are generally now obtainable on hearing fees in cases which settle and that the time for payment of a hearing fee has changed.

For the revised law on this see http://www.breakinglaw.co.uk/search/label/hearing%20fees

Take it and don't leave it? Chapter 12 - In Full And Final Settlement

Some cheap skate sends you a cheque for an amount less than you were expecting and adds the dread words 'in full and final settlement'. What should you do with it? Can you still go for it all? My polite suggestions can be read below:

The Sooner the Better: Chapter 11 - Getting Your Opponent's Documents

In which I explain what is meant by disclosure, hand you a letter to use to get hold of the documents and stress that the sooner you start the better.

On Your Marks! Chapter 10 - Time limits for starting court proceedings

The clock is ticking but when did it start and can it be reset? Limitations and time limits for starting civil court proceedings explained and what you can do to make sure you're in time.

This used to be a court. Do you want mushy peas with your fish & chips? Chapter 9 - Where to Start

High Court? County Court? Online? Divorce? Where you should start your claim and why, are all explained in Chapter 9.

Apologies for posting such pessimistic fare on Christmas Day but you know what to do if today's pressies fail to meet your expectations.

Pre-match muscle flexing: Chapter 8 - Before Going Starting a Case

Some top tips to help you make the most of negotiations and to head off the prospect of your claim ending up in court.

And find out what a Part 36 offer is - all is explained in Chapter 8 below.

Don't bother suing me! Chapter 7: Preserving my Premium Bonds

A short word of advice of why you should avoid court if you possibly can and a few suggestions on how to do it are set out in Chapter 7.

And a disclaimer on why there's little point suing me for anything you read here.

This is getting serious: Chapter 6 - Lawyer or Litigant in Person?

In this chapter I move on from the tales of legal life and give you a few pointers on why you may – or may not – wish to take a legal claim on yourself. What's the difference between barristers and solicitors, how much do they cost and how on earth do you find the right one are all tackle here.