cupcake68 Vs Virgin **DISCONTINUED**

[cupcake68]

Thanks SG

 

I have just spoken to the court but they cannot help me unless I know what the form is called!!!!

 

Cupcake

[car2403]

There isn't a form for claiming costs, as it's part of the case originally - PT has pointed to CPR Part 38 (referenced relevant bit below) which is what you need to ask them to pay your reasonable costs under in your letter. If they don't pay up, you should write again and tell them you will ask the Court to award costs if they don't...

 

Liability for costs

 

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

 

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)

[cupcake68]

Thanks Car

 

So I should write to Hillesden listing my costs and ask them to pay up under CPR part 38?

 

Do I now have that right?(!!!)

 

Cupcake

[gh2008]

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=237396

 

In the middle of NGEddie's thread the claiming of costs was gone into, at time excruciating, detail. £9.25 per hour of your time reasonably capped to 2/3rds of the cost (not hours) that it would have been had you been represented. Rough guess would be £2-3k to be represented to the point you got to. They simple surrendered on simple issues.

 

Receiving a cheque for 4 figures before trial is not unheard of