How to claim LiP costs in small claims where Claimants case is struck out?

[des8]

Costs pursuant to discontinuance aren't claimable in small claims track (CPR 38.6 (3) )

I won't be surprised to find the court order for costs to be payable by claimant following failure to pay hearing fee was made in error, and that OP will not be successful in recovering costs.

[jaguarsuk]

Costs pursuant to discontinuance aren't claimable in small claims track (CPR 38.6 (3) )

I won't be surprised to find the court order for costs to be payable by claimant following failure to pay hearing fee was made in error, and that OP will not be successful in recovering costs.

I agree that I don't think they'll get their costs, they might have if it had gone to a hearing under rule 27.14 if there has been poor conduct in the claim by the Claimant.

They could try their hand with a letter to the claimant in an attempt to scare them into paying something, but if it were me I wouldn't risk the £275.

What I can guarantee is a judge will say apply and pay the fee if they write to the court.

[des8]

...and having applied and paid the fee costs will be refused.

At least they were in a case I assisted in where a sole trader was pursued by a software company for monies he did not owe.
The claimant discontinued the day before the hearing and costs were refused on application

[des8]

Not just poor conduct ... it has to be unreasonable

[Jasonands]

I called the Court, they told me they didn't bring my letter to judge and N260 to Judges attention, and they have done it today.

They weren't sure if the judge would consider it as the claim is discontinued

[jaguarsuk]

I called the Court, they told me they didn't bring my letter to judge and N260 to Judges attention, and they have done it today.

They weren't sure if the judge would consider it as the claim is discontinued

The judge will say tell them to apply and pay the fee.

[Jasonands]

The judge will say tell them to apply and pay the fee.

I don't think its right because the Court staff/Judge who allowed the claim to be discontinued is contradicting the Order made by another judge that the claim should already be struck out "without further Order", and "Unless the Court orders otherwise", the claimant will be liable for my costs which I have incurred.

The Court have not ordered otherwise, but the Court have just discontinued the claim.

I think I will make a complaint to the Court as it seems they are not aware that the Claimant didn't pay the trial fee, when the Court made the decision to allow the claim to be discontinued.

[jaguarsuk]

I don't think its right because the Court staff/Judge who allowed the claim to be discontinued is contradicting the Order made by another judge that the claim should already be struck out "without further Order", and "Unless the Court orders otherwise", the claimant will be liable for my costs which I have incurred.

The Court have not ordered otherwise, but the Court have just discontinued the claim.

I think I will make a complaint to the Court as it seems they are not aware that the Claimant didn't pay the trial fee, when the Court made the decision to allow the claim to be discontinued.

Expect them to tell you to apply to the court and pay the appropriate fee.

[Jasonands]

Yes they told me to file an application..

[Jasonands]

Yes they told me to file an application..