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Jamesx81

Lowell Discontinued a County Court Claim

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Afternoon

When someone issues a county claim against you then discontinues shortly before a hearing what is in place to deter people from bringing  frivolous claims only to then discontinue.

My point is referring to liability for costs after discontinuing a claim specifically CPR Part 38.6 (3) This rule does not apply to claims allocated to the small claims track.

Does this mean that after defending a claim, research, time taken for the completion of forms and other documentation the claimant can simply discontinue with no penalty just because the claim has been allocated to the small claims track?

Many Thanks

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Correct...but also consider they lose their Court issuance fee and hearing fee.You can oppose a discontinuance if you feel you wish to proceed and try to recover costs...risky though.

 

Andy 


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Hi Andy

Thanks for the reply, no I wouldn't take it further to recover fee's will just put it to bed, just feel a defendant should be able to recover compensation for time spent especially when it was issued with no basis then discontinued but just wanted to check.

Many Thanks 

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Well you have the contentment of the claim failed and not suffering the possibility that it may of gone against you and an unfair judgment and consequences placed for 6 years.

 

That you cant put a price on :wink:


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Very true there is that, doubt it without going to much detail but possible non the less : )

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Who is the claimant?


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Hi Bankfodder

It was Lowell Solicitors with one of their many bulk claims.

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