Jet2 delay - asking for individual claims from a family group

[howticklediam]

That's really useful, thanks.

 

I'd seen the money claims link, that's where I got my figures from, but obviously not looked hard enough in the CPR pages.

 

tickled

[citizenB]

It was quite well hidden away, so I can see why you didn't manage to find it

[citizenB]

I have been advised that you can only claim costs in fast track claims. Is yours a small claim ?

[howticklediam]

Small Claims Track - but the defendants have messed me and the courts around a lot and finally said they are not defending the claim any more (after a year in the system) just the costs. So I was going for 'unreasonable behaviour'. I thought it was up to the Judge, are you saying there's no chance in Small Claims Track?

[AndyOrch]

If they are not defending the claim....then have you requested judgment......does your initial claim contain a request for costs?

 

Regards

 

Andy

[howticklediam]

Having read https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx again, I fear you might be correct.

 

CPR27

[howticklediam]

If they are not defending the claim....then have you requested judgment......does your initial claim contain a request for costs?

 

Regards

 

Andy

 

I had a Judgment in Default, they had it set aside and requested a hearing, which is now two weeks away. Yesterday they wrote to the court saying they are no longer defending apart from costs. They actually mean they are going to question the interest I am claiming and the costs, but the costs I claimed are minimal - £60 for copying etc.

 

I haven't asked for a Judgment as the hearing is less than two weeks away.

[howticklediam]

CPR 27.14

(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;

 

What can be claimed is not specified anywhere as far as I can see. Not sure if the summary procedure is only invoked when applying for a summary judgment.

[andydd]

I dont believe the reference to summary procedure is linked to a claim for summary judgement (its worth noting that the SJ process is used early on BEFORE allocation so the small claims costs rules dont apply, Ive used it and got £200 - £300 using LiP rate, it would also be capped using the 2/3's what a solicitot would charge rule).

 

In this case, I see no reason why the OP should not ask for costs, he appears to have reasonable evidence of the other side wasting both his and the courts time.

 

Im not sure of the exact process, Id just fill in the summary costs form (See here > http://www.daviessolicitors.co.uk/forms_davies/Civil%20Disputes/Statement%20of%20Costs.pdf) and also explain why you think they should be paid under CPR27.14 (g) - alas the Practise Direction doesnt offer any further guidance.

[steampowered]

Where the court orders a party to pay costs, the amount of costs may be fixed by the judge there and then (known as the summary procedure) or the amount can be left open to be decided by a costs officer at a separate hearing (known as detailed assessment). See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs#rule44.6. In small claims it will usually be the summary procedure, because separate costs hearings are disproportionate in small claims.

 

Summary judgment is something a bit different. Summary judgment is a judgment given on a claim without holding a full hearing. Costs assessment is different.

 

If the litigant in person can prove financial loss as a result of time spent doing legal work (e.g. if he is self-employed and distracted from his normal job), he can claim that loss. Otherwise, he can claim at the rate of £19 per hour (see https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases#46.5 and https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#3.1).

 

If you intend to claim costs you should serve a statement of costs on the other side and inform them that you intend to go ahead with the hearing unless they make an acceptable proposal to settle those costs. You will need to explain why you think they have behaved unreasonably.

 

It is quite rare for substantial costs to be awarded in small claims. To claim £19 an hour you will need to prove unreasonable behaviour which needs something a bit more than saying their case was rubbish. You would usually need something such as dishonesty, deliberately delaying or dragging out legal proceedings and so on.

[AndyOrch]

Thread moved to the appropriate forum.

[howticklediam]

It is quite rare for substantial costs to be awarded in small claims. To claim £19 an hour you will need to prove unreasonable behaviour which needs something a bit more than saying their case was rubbish. You would usually need something such as dishonesty, deliberately delaying or dragging out legal proceedings and so on.

 

Yep, I've got all those reasons. Thanks.