MCOL For cancelling Life Insurance Policy

[steampowered]

Have a read of http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38In in particular, 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.

BUT

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

[Basejumper]

Hi Mike_hawk yes it is a N279 signed and dated 21st Mar. I may have difficulty in scanning it as I have moved jobs but basically it states:

To the Court

The Claimant (tick only one box)

Discontinues all of this (claim)

against the (defendant)

signed and dated

 

Hi steampowered - I have read this and I have also gone to the additional section mentioned i.e. 44.12 and I am still unsure if I can or cannot. would it be best to write and ask for direction or order that cost up to this point are claimed and hope the DJ will allow the £9.25 ph or a proportion of what would be expected if a solicitor did this work for me? I seem to remember that a while ago when Surfacagent x20 was on the scene we could end a document that we wish cost to be taken in to consideration as a LiP at a such and such rate - cant find it now but will keep digging

[Old Cogger]

lip claim £18.00 pe rhour these days?

[Basejumper]

Hi MIKE770

things have moved on!!! How do I go about claiming this £18 as Lip in a small claims track case?

[AndyOrch]

Even though 38.6 may not apply to SCT:-

 

http://www.justice.gov.uk/courts/procedure-rules/civil/_old/part27 PD27.14.

 

Regards

 

Andy

[Mike_hawk]

Hi Base

 

I'd check with the court that the notice has been filed then consider what [if anything] you want to do about costs.

 

The reference Andy provided above should assist, in effect 38.6 precludes the costs issue being deemed [ordered by right at discontinuation] within the sct. That doesn't mean that you can't recover, just that you would need to apply for relief.......... another £45.00!

 

Perhaps if your costs are minimal, circa £200.00 for the allocation hearing etc it may be useful to contact it and find out if it wants to settle the matter amicably or risk further unnecessary costs in the application.

 

Oh and, very well done by the way

[Basejumper]

Hi Mike_hawk

Thank you for your support. I have not had an opportunity to contact the court yet to confirm the notice of discontinuance, however, it is first on my 'things to do' for tomorrow list.

Following on from the posts above I have found this... please see link below. I was wondering if this has merit in forming my application or letter to the court, I can then quote a court of appeal case that rules about costs. I like in particular this reference:... "It was clear that the claimant knew what the second defendant’s position was and that it wished to contest its liability for the claim. The claimant proceeded to *discontinue his claim which meant the court was unable to determine what the outcome would be at trial. Therefore, the circumstances were the usual consequences of discontinuing: the claimant becomes liable for the defendant’s costs".

 

http://www.lawgazette.co.uk/in-practice/costs-liability-discontinuing-a-claim

[Mike_hawk]

Hi Base

 

The case may be useful but given the value I probably wouldn't argue it beyond a couple of phone calls and a letter to the other side in the short term.

 

You won, anything else is a bonus

 

CPR27.3 is your friend in respect of costs within 27.14 and PD27.7

 

I'd send it a stinging response advising it has the opportunity to settle your costs at £ (a reasonable sum) absent which you will file an application increasing same.

[Basejumper]

Good evening all.

I have checked with the court and they have received the Notice of Discontinuance. The kind lady at the court was asked by myself if i could send a letter to the court for costs and she said yes and it would go before a DJ, however, from the post above I would like to get some clarification on the phase "I'd send it a stinging response" does the 'it' refer to the claimants solicitors or should I just send a letter to the court quoting the case reference Messih v McMillan Williams & Ors [2010] EWCA Civ 844 above and make reference to summary costs at the rate of £18 ph for LiP AND 27.3; 27.14 AND PD 27.7?

 

thanks

[Mike_hawk]

Letter to sols with a brief summary of your costs. You should be able to find a few examples on here.

 

Not sure a letter alone will get anywhere with the court, by all means try though. No need to quote cases.

[Basejumper]

Hi All - I have been digging around and found some info

 

I am hoping if someone could pop by and cast a critical eye over the attached

 

Thank you in advance

 

[ATTACH]42902[/ATTACH]

[steampowered]

The default rule is that there are no costs in SCT, even after a notice of discontinuance. To get costs you need to fall within the categories set out in CPR27.14. The only one which looks relevant is "(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably". I think you should refer to this and you need to explain why the other side has behaved unreasonably.

[Basejumper]

Hello steampowered. Thank you for your advice. Having researched threads on here dating back to 2009 onward, I have been of the impression that up to the point a track is nominated, I would be in a position to claim expenses, now that the claimants went on to discontinue. however, I would have preferred it to have gone to trial, then it could have been ruled whether or not the terms of business agreement was in fact an unfair contract against my submitted defence. That we will never know, i suppose.

It is intended to send this to the claimants solicitors accompanied with a N252 and press to test as to whether they will go someway to pay costs or I will have no hesitation in taking the matter to court, hopefully get a ruling on their terms of business agreements and then have all of this resolved through the courts.

[steampowered]

N252 is used when you already have an order awarding you costs, and you then need a detailed assessment to decide the level of those costs.

 

I think you would need to use N244 asking for an order that you are awarded costs. Accompany with a witness statement setting out why you think you should get this order. I think it is worth attaching a schedule of costs and asking for them to be summarily assessed in the amount you are asking for.

 

The court will not decide whether the agreement is unfair now they have discontinued, unfortunately we will never know as the court will only look at the issue in dispute which is costs. Good luck.

[Basejumper]

That advice appears sound, steampowered, thank you. and thank you for correcting the form number.

I have already submitted a witness statement, but that was during the case process. is there another or different template that i should follow and file or just a letter to the case manager. I was hoping to shoot one across their (claimants and claimants sols) bows, a scare tactic i suppose in order to avoid court action but with the knowledge that would be expressed to them that court action would follow if they did not respond in say 21 days