Discontinuance - multi track proposed - URGENT

[Apollo14LMP]

Hi Im in real trouble - I have issued a claim which is likely to end up being allocated to Multi Track. Due to this and having seen the defence ( I would need expert advice to win) I would like to discontinue. The solicitors for the other party have stated that if this proceeds to court they will seek a costs order. If I discontinue what are the likely costs ? they never replied to our letter before claim - so we issued what should have been a small claim which has turned out to be suited to multi track ! They said they would ask for costs IF it went to court ?? I actually sent the defendant 2 x email LBCs and 2 in the post over 3 months... all ignored

Any advice would be amazing ... thank you so much

[ploddertom]

Start at the beginning and tell us about it.

[Apollo14LMP]

Once upon a time ... a company had their database hacked and gave out all our information payment cards addresses name address and everything. So they wrote and told us about it, Not happy due to the potential consequences of the data being made public we issued a letter before claim. Heard nothing due to the pandemic we were reasonable and sent another LBC. These were emailed and posted to them twice.

Nothing back no reply ...issued a claim thinking it would land in the Small claims track - wrong ! it hasnt its being defended. I would need a data expert 3 10 K to prove their negligence. The court are looking at multi track !

No defence received only a Directions questionnaire - spoke to their solicitor sent me a defence.

Realising this wasnt going to be easy or cheap I want to discontinue but - the cost of this could be very damaging - they did say in their email - XXX will apply for a costs order if this matter goes as far as a court hearing. So I want out but I dont really see why I should pay their costs as they ignored all pre litigation protocol ...

I am looking at ways of deflecting costs I cannot cover ... well a pound a week or something ...

I am aware that some people have been successful in cost situation as the other party did not comply with CPR rules ... so there we go ...

I have written asking for hands down ... but not heard ... so any advice ... thank you

https://keoghs.co.uk/keoghs-insight/...e-is-not-bliss pinning hope on what this article discusses ...

[efpom]

It would seem from your started threads that you are an experienced litigator. I am, therefore, surprised that you did not foresee the possibility of an adverse costs order.

[Apollo14LMP]

How much could the order amount too..... im never playing with fire again .... be warned.... will ignoring the lba help .....

[efpom]

CPR Liability for costs

38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

----
If a costs hearing is held, you could argue that in the absence of any response to the LBA, you had no choice but to issue proceedings and, in consequence, the court should make no Order as to costs.

On the amount of costs - difficult to say, but ball park figure 5 hrs at £500 per hour + vat.

[Apollo14LMP]

Efpom thank you very much !!!

NO more legal claims for me.