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Question about proportionality in regards to costs

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  • Question about proportionality in regards to costs

    Hi,

    Just wondering what part of the CPR it is that says somethimg or other about proportionality and bringing claims relating that are so small that they are insignificant and a waste of courts time.
    Tags: None

  • #2
    CPR 44.3 re proportionality.
    Re "de minimis non curat lex" The principle is best understood as an act that is technically an infringement which can be called de minimis if it is thought to be outside the purpose of the law to catch it; the claim can then be dismissed with costs. This decision involves a value judgment that the complaint should either have been resolved without taking up the time of a court or is a minor irritant that, like the unintentional jostle in a crowded street, the complainant should have borne with equanimity.

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    • #3
      I have just discovered that a claim I won by default for £200 is being contested as the Defendant states they did not see the original claim, even though it was sent to the right service address.

      Application fee is £255! Does the above part of CPR go in my favor as it shows them being unreasonable?

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      • #4
        Short answer is no it doesnt
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

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        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

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