Attending an application this afternoon - I am threatened with costs if I oppose

[Daryl32]

Hi,

I need to tell them whether I oppose this at the beginning of the hearing...its a Small Claim...or will be when allocate to track...

However, the other side have made no further submissions since the application to strike out my claim, including sending a schedule of costs, which I understand has to be made 24 hours in advance, or they cannot claim such.

I have checked with the Court just now, they have not received any costs schedule either.

So am I okay and don't have to worry about any costs being awarded?

[atticus]

hopefully, but this cannot be guaranteed as a certainty.

[jaguarsuk]

If they are successful in striking out the claim they could ask for the £275 cost of the application and it is likely that it would be awarded.

What grounds are they applying to strike out on?

[Daryl32]

I am taking a solicitor to Court. They represented a client and did an appalling job of putting together the evidence bundle for the final hearing. The Judge adjourned it, put notes in the hearing notice stating that the Defendant solicitor was responsible for the adjournment, and I could not attend the new hearing so had to discontinue the case.

I am holding the solicitor responsible for the maladministration and my wasted time and expenses at the botched hearing.

They ask for it to be struck, stating I have no contract with them, and have not named their client as a co-defendant.

Was thinking of seeking permission to add them anyway...to dodge this particular issue. The application hearing was adjourned yesterday as the Judge thinks we need two hours to consider the application, not half an hour.

[pt2537]

You need to be careful on costs. Costs can be live even in the small claims track. CPR 27.14(2)(G) deals with costs, and allows the Court to order costs to be paid if the Court finds a parties conduct was unreasonable.

[jaguarsuk]

I am taking a solicitor to Court. They represented a client and did an appalling job of putting together the evidence bundle for the final hearing. The Judge adjourned it, put notes in the hearing notice stating that the Defendant solicitor was responsible for the adjournment, and I could not attend the new hearing so had to discontinue the case.

I am holding the solicitor responsible for the maladministration and my wasted time and expenses at the botched hearing.

They ask for it to be struck, stating I have no contract with them, and have not named their client as a co-defendant.

Was thinking of seeking permission to add them anyway...to dodge this particular issue. The application hearing was adjourned yesterday as the Judge thinks we need two hours to consider the application, not half an hour.

If you couldn't attend the new hearing you should have written to the court and asked for it to be moved to a date you could attend stating the reason you could not attend the one allocated.

You ought to have sought your costs after that hearing pursuant to CPR 27.14.

Did you request an alternative date and the court refused?

I mean the fact you had no contract with the solicitor is irrelevant, you can incur a loss from a party without a contract being in place.

I think what you'll struggle with is that you discontinued the claim if you did not request an alternative date or the reason you gave for a new date is deemed to have not been sufficient to warrant one, then you discontinued.