Cost after discontinues

[tm166]

Could someone please clearify the following, my understanding is that if the claim is discontinued before allocation then automatic cost apply. But what happens if the claimient is discontinued after allocation to the small claims track but before the hearing date. I am finding it very difficult to find any information on this, from the following it seems that costs do not apply.

 

 

CPR 38.6(1) says:-

"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."

CPR 38.6(3) goes on to say:-

"This rule does not apply to claims allocated to the small claims track"

[AndyOrch]

You are not entitled to claim wasted Costs once allocated to SCT.

 

Regards

 

Andy

[tm166]

If that is the case then anyone how wishes to discontinue there claim after the defendant had defended the claim, should simply wait until the claim is allocated to SCT then file a discontinues Notice. Then there will be no cost payable, but if they discontinue before the allocation to SCT they end up paying cost. Something does not seam right there. If the claim is discontinued with an agreement then fair enough, but otherwise the defendant is left with an increased amount of cost, filling AQ and paying fee as well as going to the preliminary hearing.

[DonkeyB]

The defendant doesn’t pay any fee.

 

Discontinuing after allocation is an old Bryan Carter trick.

[tm166]

There was a fee of £45 paid for AQ. Or was that for the counter claim.

[DonkeyB]

Ah. You didn’t mention a counterclaim.

[tm166]

Does the counter claim change anything.

[DonkeyB]

Yes, if you counterclaimed BEFORE they discontinued, you should have won your counterclaim or at least had it heard.

[tm166]

DonkeyB thanks for you help much appreciated you have made a few things a bit clear.

 

The counterclaim was from the start. I defended the case and also made a counterclaim. The claim and the counterclaim are on the same issue. I did not receive a reply or defence to the counterclaim. Can I now go to the court an request a judgment to be entered against him.

[DonkeyB]

Does all this refer to this thread?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?340780-Cowboy-builders-gets-default-judgment-before-28-days!!-help

[andydd]

I believe the counterclaim will still go ahead.

 

One possible way to get costs is to jump in quick with a summary judgment before they discontinue, but obvioulsy it has to be a strong SJ where you prove the other side has no hope of succeeding.

 

I did this with a claim against me, they lost, I got costs AND my counterclaim is still going ahead (in fact its due for mediation this afternoon).

 

Andy

[tm166]

DonkeyB

 

Yes that threat is on this same mater. I did not get any replays on the thread and was not sure on the mater of costs..

 

As you can see from the other tread I have lost all faith in this court. It seems that if you know some in the right place you can get away with anything

Edited November 1, 2012 by tm166

[tm166]

Can some help me with is, I got ccj aginst builder, applied for third party debit order but have been refused originally on the grounds that no debt due, so challenged that and was told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number. The builder has two morgages with this Bank so more likely has other account there.