Getting my costs back?

[JGamble]

Hi,

Here is my situation:

I was the defendant in a county court claim. The claimant eventually filled a notice of discontinuance, pre-trial. I am a litigant in person.

I calculated my costs for this case, which I wish to be paid for. I called the court and they said it's between myself and the claimant to sort out.

My questions are:

1. What is the procedure to getting costs back in this case? I read about wasted costs/detailed assessment - just not sure what to do.

Many thanks

Jim

[des8]

Re: Getting my costs back?

Was this allocated to the Small claims track?

If so you will need to show unreasonable behaviour by the other party.
Discontinuance is not necessarily unreasonable, as I found out a couple of months ago!
See here: http://www.legalbeagles.info/forums/...able+behaviour

[JGamble]

Re: Getting my costs back?

Fast track.

I cant read your thread, as i don't have the privileges. What happened?

Was this allocated to the Small claims track?

If so you will need to show unreasonable behaviour by the other party.
Discontinuance is not necessarily unreasonable, as I found out a couple of months ago!
See here: http://www.legalbeagles.info/forums/...able+behaviour

[des8]

Re: Getting my costs back?

OOPS sorry.
It was quite a long discussion on how to reclaim costs in small claims following discontinuance,
We made application on form N244 and paid £50 fee, and got court date.

So went to see the judge today...
He was complimentary about our defence, and chatted amicably to my companion (whose case it was) about cricket matches they had both played in a few years ago and then said he didn't believe it was unreasonable to file a claim when that claim was likely to fail from the outset. I suggested abuse of process, but he said we should have gone for strike out at the beginning (although that would give an opportunity for claimant to amend PoC)
Unfortunately I didn't have details with me to refer him to Clohessy v Homes (2003), where District Judge Stuart-Brown, sitting in Bristol County Court granted the Defendants an unreasonable costs order, where he it was held that on any objective assessment, the claim was likely to have failed from the outset.

ON THE FORUM WE THEN NOTED:
So to get costsfor discontinuance of an unreasonable claim the Judge is saying you should apply to strike it out from the off. basically ? Thing is how do you know it is unreasonable until they've taken you to the court steps and then buggered off ? Particularly for a LIP ?
and of course by striking out at the beginning you would not have incurred any losses anyway. They are only incurred 'cos the claimant pushed to the last minute in the hopes of frightening the defendant into settling for a lesser figure (contained in a without prejudice offer) before getting into court
.Apart from the strike out application fee of £155 lol.

[JGamble]

Re: Getting my costs back?

This is what i am worried about a judge lottery.

In my case, the claimant didnt really fulfill any of the directions, and discontinued pre-trial. During my case, I requested that the court officer use court management discretion to strike out, but they suggested i use an application notice to do this. I wasnt willing to pay £155, as I thought the claimant wouldnt pay the £500 hearing fee.

So presume you went for the "wasted costs" order? How much were you claiming?

OOPS sorry.
It was quite a long discussion on how to reclaim costs in small claims following discontinuance,
We made application on form N244 and paid £50 fee, and got court date.

So went to see the judge today...
He was complimentary about our defence, and chatted amicably to my companion (whose case it was) about cricket matches they had both played in a few years ago and then said he didn't believe it was unreasonable to file a claim when that claim was likely to fail from the outset. I suggested abuse of process, but he said we should have gone for strike out at the beginning (although that would give an opportunity for claimant to amend PoC)
Unfortunately I didn't have details with me to refer him to Clohessy v Homes (2003), where District Judge Stuart-Brown, sitting in Bristol County Court granted the Defendants an unreasonable costs order, where he it was held that on any objective assessment, the claim was likely to have failed from the outset.

ON THE FORUM WE THEN NOTED:
So to get costsfor discontinuance of an unreasonable claim the Judge is saying you should apply to strike it out from the off. basically ? Thing is how do you know it is unreasonable until they've taken you to the court steps and then buggered off ? Particularly for a LIP ?
and of course by striking out at the beginning you would not have incurred any losses anyway. They are only incurred 'cos the claimant pushed to the last minute in the hopes of frightening the defendant into settling for a lesser figure (contained in a without prejudice offer) before getting into court
.Apart from the strike out application fee of £155 lol.

[des8]

Re: Getting my costs back?

As your case was "fast track" you need to follow CPR 38.6 (1) and 46.5
I'd probably complete N244 as a starter,and submit it with a schedule of your costs, although others may have better suggestions!
? @mystery1*,

[JGamble]

Re: Getting my costs back?

As your case was "fast track" you need to follow CPR 38.6 (1) and 46.5
I'd probably complete N244 as a starter,and submit it with a schedule of your costs, although others may have better suggestions!
? @mystery1*,

I think its pursuant to CPR 38.6 & CPR 44.9 & CPR 46.5.

I guess on discontinuance if the claimants had respected directions throughout then the order would fail. In my case the claimant never provided any proof of debt no CCA/CPR request honored pre-allocation, no disclosable documents, no witness statement, nothing.

I wrote to the Claimants solicitor and after deliberation offered me £100, against the £600 I am claiming form. So I dont have much to lose by going to court really.