Litigant in Person Costs process (Small Claims Track)

[alexjones_26]

Hi all,

I am a claimant in a specified money claim. My final hearing is scheduled for a few weeks away in the small claims track.

I have a question regarding claiming costs.

As a litigant in person, I am aware that I can claim costs under CPR 46.5, at a rate of £19 per hour, as I cannot prove actual loss. (Well, I probably could prove financial loss, but the work to do so would be disproportionate).

I am just about to file and serve my witness statement and copies of all documents on which I intend to rely. I have mentioned in my witness statement of my intention to file and serve a schedule of costs at the hearing.


My main question is - what is the correct process for this so the point can be raised at trial?

> Do I need to make an application (N244 + wit stat + draft order)? Or can I just send the schedule of costs to the court and the other party at least 24 hours before the hearing, which is what I have read online.


A step by step guide would be really appreciated.

I have the bill of costs ready to go. Just want to know the steps I need to take for it to be taken into account. Don't want to bring the schedule to the hearing to find out I missed a mandatory step to allow them to be considered!

Let me know if there's any other information you need

Many thanks in advance

Alex

[2222]

Somebody who really knows about procedure will be along in a moment.

However, in the meantime, my 2p-worth is that I would add something like "I attach my summary of costs to date claimed in this case" to the witness statement and then just attach it.

[pt2537]

Hi all,

I am a claimant in a specified money claim. My final hearing is scheduled for a few weeks away in the small claims track.

I have a question regarding claiming costs.

As a litigant in person, I am aware that I can claim costs under CPR 46.5, at a rate of £19 per hour, as I cannot prove actual loss. (Well, I probably could prove financial loss, but the work to do so would be disproportionate).

I am just about to file and serve my witness statement and copies of all documents on which I intend to rely. I have mentioned in my witness statement of my intention to file and serve a schedule of costs at the hearing.


My main question is - what is the correct process for this so the point can be raised at trial?

> Do I need to make an application (N244 + wit stat + draft order)? Or can I just send the schedule of costs to the court and the other party at least 24 hours before the hearing, which is what I have read online.


A step by step guide would be really appreciated.

I have the bill of costs ready to go. Just want to know the steps I need to take for it to be taken into account. Don't want to bring the schedule to the hearing to find out I missed a mandatory step to allow them to be considered!

Let me know if there's any other information you need

Many thanks in advance

Alex

The normal process is to lodge either an N260 cost schedule or a schedule showing the costs incurred broken down to each item etc. As long as you lodge this before the hearing you shouldnt have an issue

you will need to address the Court on the question of costs, as small claims normally does not allow costs to be recovered unless CPR 27.14(2)(g) applies

[alexjones_26]

Yes sorry I am applying under CPR27.14(2)(g), do you think this is sufficiently damning for inclusion in my witness statement?


Defendant unreasonable behaviour
62. I believe that the Defendant has behaved unreasonably from the date of cause of action up until the present and as such, under CPR 27.14(2)(g), further costs should be assessed by virtue of CPR 46.5(4)(b).

63. I believe that the Defendant’s behaviour has been unreasonable, as he has consistently and deliberately chosen not to reply to correspondence throughout the pre-action and action stages, as follows:

1. The Defendant did not acknowledge or respond to any pre-action correspondence, comprising two Letters Before Action dated 18th September 2017 and 11th December 2017. This is a non-compliance of pre-action conduct under CPR PDPAC 6(b) which states that the Defendant should provide an “explanation as to which facts and parts of the claim are disputed”.
2. The Defendant did not raise awareness of his counterclaim before issuing it, which is a non-compliance under CPR PDPAC 6(b) which states the Defendant should provide an explanation as to whether “the Defendant is making a counterclaim as well as providing details of any counterclaim”.
3. Non-compliance with the Protocol provides that the Court may “make an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties”, CPR PDPAC 16(a).
4. The Defendant did not acknowledge or respond to a without prejudice offer dated 2nd October 2018. In Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, His Honour Judge Main QC ruled that, under CPR 27.14(2)(g), the party at fault had acted unreasonably by refusing an offer, in addition to other unreasonable acts.
5. The Defendant did not acknowledge or respond to an email dated 7th January 2019 to narrow the issues, as instructed in the Directions.
6. Given the above facts, the Defendant has acted unreasonably and failed to comply with their duty to assist the Court in furthering the overriding objective, CPR 1.3.
7. Under CPR 46.5(4)(b), as a self-representing litigant conducting my own case, I respectfully request an order of costs for the time reasonably spent on doing the work in these proceedings, at a rate of £19 per hour. I shall submit a finalised, itemised schedule of costs for consideration when determining costs in this respect.

Thanks in advance!

Alex