Advice on how to claim costs when the case has been Struck Out.

[Squeezy]

Please can you tell me how I go about claiming costs when the claimant failed to pay the court fee by a certain date? The Judge ordered that the case should be Struck Out automatically without notice and ordered the Claimant to pay the defendants costs. We have contacted the court several times to find out and they have told us to complete Form N244, however , this is totally inappropriate. We are Litigants in Person. Thanks in advance.

[R0b]

Hello Squeezy

Please could you upload the Order made by the Judge (personal info redacted) so that we can see exactly what was said?

The first thing to do if you haven't done so already is to set out your costs in relation to the claim. Litigants in person are afforded a rate of £19 per hour and you should ideally calculate your time spent in half hour slots to make it easier. So for example, things you could claim costs back on might include:

1. Reviewing Claim Form = 1 hour
2. Acknowledging Claim Form = 0.5 hour
3. Preparing and drafting the defence = 2 hours
4. Legal research = 3 hours
5. Preparing and drafting witness statement = 2.5 hours
6. Inter-partes correspondence (between you and Claimant) = 1.5 hours
7. Compiling evidence bundle = 2 hours

Obviously those times might differ between you and a Court may give a little leeway between the time spent by a litigant in person and a professional solicitor however, don't try to boost the hours for the sake of it, because if it has to go to Court, a judge will spot you in the first instance as they have no doubt done these sorts of things all of their professional time and probably know what is reasonable and what isn't.

I've attached a simple Schedule of Costs which you can fill in the blanks based on the above. You should send it to the Claimant with a covering letter enclosing the Court Order and requesting payment based on the Schedule of Costs. If the Claimant disputes the amount and you cannot agree, or the letter is ignored, then I would suggest your only option would be to make an application to the court for an assessment of costs or for an order that the costs should be paid.

Unfortunately, as a litigant in person you are afforded no special treatment when it comes to legal proceedings. Everyone has to follow the same rules and if it means making an application to the Court then you will have to do that at a cost of £255 but you should be able to claim those costs back.

[Squeezy]

Hi Rob,

Thank you so much for your reply. I am unable to open the attachment of the Schedule of Costs template.
I am not very good at technology and therefore would not be able to send any document.
The Order from the Judge states : 'Unless the Claimant pays by date to the court the trial fee of £115 .00 ......... then the claim will be struck out with effect from date, without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. (We are two defendants with one claim number). There are two forms for everything and more because the claimant failed to do certain things and sent correspondence to the wrong address which caused us more hassle.
Thanks in advance

Squeezy

[jaguarsuk]

Hi Rob,

Thank you so much for your reply. I am unable to open the attachment of the Schedule of Costs template.
I am not very good at technology and therefore would not be able to send any document.
The Order from the Judge states : 'Unless the Claimant pays by date to the court the trial fee of £115 .00 ......... then the claim will be struck out with effect from date, without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. (We are two defendants with one claim number). There are two forms for everything and more because the claimant failed to do certain things and sent correspondence to the wrong address which caused us more hassle.
Thanks in advance

Squeezy

Do you have an order that actually says that it has been struck out?

That sounds like an order with directions for the claimant and doesn't mean as you haven't heard anything yet necessarily that they haven't paid the fee.

[Squeezy]

Hi Rob,
We have written confirmation from the court that the case has been struck out and therefore the hearing will not take place on the date it was due.

Squeezy

[MIKE770]

great