Tweet
Hi all,
I was the defendant in a small claim involving a parking company, which was discontinued by the claimant several weeks ago. I would like to have a crack at claiming for costs under CPR 27.14(2)(g) as I believe the claimant has behaved unreasonably in this case (without going into the full details, an example was discontinuing the claim a week or so before the hearing, but not notifying me - I only found out when I contacted the court after the telephone hearing didn't start at the scheduled time).
I understand the only way to claim for costs in these circumstances is to pay £275 and fill in form N244 to apply to set aside the discontinuance and 'force' a hearing.
I wanted to make sure I full it in correctly, so just had a few questions I was hoping someone could help with:
- Is it necessary to attach a draft of the order I am applying for? Or do I just state the relevant civil procedure rule [i.e. CPR 38.4(1)] and explain I am doing it in order to claim for costs?
- Do I state I want the application dealt with without a hearing? The discontinuance application itself wouldn't need a hearing I imagine, it's just the subsequent claim for costs that will need a hearing
- What 'evidence' do I provide? Would a short witness statement be sufficient?
- I am intending to submit a cost schedule and a document outlining my argument for costs. Do I submit this now as part of this application, or do I wait until the case is reopened and then submit it then? Or is either acceptable?
Thanks a lot for your help. I realise these types of cost claims are a bit of a lottery in the small claims court, but I want to give it a go
I was the defendant in a small claim involving a parking company, which was discontinued by the claimant several weeks ago. I would like to have a crack at claiming for costs under CPR 27.14(2)(g) as I believe the claimant has behaved unreasonably in this case (without going into the full details, an example was discontinuing the claim a week or so before the hearing, but not notifying me - I only found out when I contacted the court after the telephone hearing didn't start at the scheduled time).
I understand the only way to claim for costs in these circumstances is to pay £275 and fill in form N244 to apply to set aside the discontinuance and 'force' a hearing.
I wanted to make sure I full it in correctly, so just had a few questions I was hoping someone could help with:
- Is it necessary to attach a draft of the order I am applying for? Or do I just state the relevant civil procedure rule [i.e. CPR 38.4(1)] and explain I am doing it in order to claim for costs?
- Do I state I want the application dealt with without a hearing? The discontinuance application itself wouldn't need a hearing I imagine, it's just the subsequent claim for costs that will need a hearing
- What 'evidence' do I provide? Would a short witness statement be sufficient?
- I am intending to submit a cost schedule and a document outlining my argument for costs. Do I submit this now as part of this application, or do I wait until the case is reopened and then submit it then? Or is either acceptable?
Thanks a lot for your help. I realise these types of cost claims are a bit of a lottery in the small claims court, but I want to give it a go