Claim Costs

[Jamesx81x]

Hi

 

I understand that costs are not claimable when a claimant discontinues in then small claims track but what I am wondering is why?

 

If your acting on your own there is still the time taken in research, preparation of documents etc

 

So when a claimant decides to discontinue after messing you about should they not be liable to pay any costs to you

[freakyleaky]

You can apply for wasted costs.

Have a look in the cag library. There is lots of info on wasted costs in there.

[freakyleaky]

http://www.consumeractiongroup.co.uk/forum/content.php?581-Wasted-Costs-order

[AndyOrch]

Its just because costs are restricted to all SCT.CPR governs the rules re costs and SCT

 

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)

 

It does not stop you trying though I have known it be allowed.

 

Regards

Andy

[andydd]

AO is correct in that they simply do not apply in a small claim.]

 

Generally in a ST you cant claim for any of the 'work' you do, only for court fees, time of work for the hearing and travel expenses.

 

However a Judge always has the ability to award costs and may do if you prove the other side was unreasonable and generally messed you and/or the court about.

 

Also did you/they follow the CPR Pre-Action Protocol, turn down offers to settle (but not CPR 36, as they dont apply to small track ?), these are all things that you cam bring to the Judges attention.

 

I havnt had much luck in this, I did get costs (but only £200) in my recent summary judgment hearing because this was pre-allocation and hadnt been allocated to a track (although would of been small track).

[Jamesx81x]

Thanks for the advice guys appreciated

[Jamesx81x]

One more question on this

 

I understand that costs cant be claimed on the small claims track that has been established.

 

What am asking now is if a claimant takes you to court for a 3rd time after again not following procedure or willing to come to any out of court arrangement is it possible to issue a counter claim for the costs involved to see if the court is willing to agree?

 

I mean how many times is a creditor allowed to mess you about like this when you are doing everything you can without been made to pay for your inconvenience?

 

Thanks

[freakyleaky]

As andy says a judge has the ability to award costs in certain situations. It seems to me you have a strong case.

 

AO is correct in that they simply do not apply in a small claim.]

 

Generally in a ST you cant claim for any of the 'work' you do, only for court fees, time of work for the hearing and travel expenses.

 

However a Judge always has the ability to award costs and may do if you prove the other side was unreasonable and generally messed you and/or the court about.

 

Also did you/they follow the CPR Pre-Action Protocol, turn down offers to settle (but not CPR 36, as they dont apply to small track ?), these are all things that you cam bring to the Judges attention.

.