Admiral Insurance

[des8]

The original claim has been dealt with and is finished. You can't just apply to amend the award.
If the case hadn't yet been heard you could have sought the court's permission to amend your statement of case by including new heads of loss.

If you are determined to proceed you will have to initiate a new claim for loss of opportunity and your costs.
IMO you would not be successful, but other opinions might be available.

Note that I am not legally trained, so quite happy to be corrected

[DanMann]

But isn't a subsequent new head of loss based on the same facts the precise reason I would make an application to court to amend?

[des8]

But the new losses are not on the same facts as your original claim.

Your original claim was for loss of luggage
Your new losses are for loss of opportunity following delay in payment of damages, and the costs incurred preparing for a set aside hearing that was never ordered

[DanMann]

AI says: "Apply for a Costs Order Under CPR 27.14


Since the application was never heard, the court did not have the opportunity to award costs. You may need to make your own application (using form N244) to request that the court order the defendant to pay your costs for the preparation work.

• The Unreasonable Behavior Test: Under CPR 27.14(2)(g), the court can award costs if a party has behaved "unreasonably". You would need to argue that filing an incorrect and eventually abandoned application, causing you 20 hours of work, meets this high threshold.
• Wasted Costs: You can argue the defendant’s actions caused "wasted costs". However, applying for this often requires a court fee (approx. £119–£308 depending on the application type), which you must weigh against the potential recovery.

"

[des8]

An application for costs would not be an amendment of an existing award.

If you feel confident, then go ahead but be warned that unreasonable behaviour is a very high bar to overcome.
for example a claimant who discontinues a claim at the very last moment on the court steps may not be sanctioned for unreasonable behaviour (and don't ask how I know!)

[DanMann]

atticus any thoughts?

[atticus]

As you ask...

You will need to make an application, paying the £300-odd fee. You should give a full breakdown of the costs you seek (include the application fee and an allowance for further time in connection with your application). You should also give a detailed explanation of why you had to spend that time and incur any expenses claimed.

I put your chances of success no better than 50-50, so bear that in mind when deciding whether to spend further time and money on this.

[DanMann]

As you ask...

You will need to make an application, paying the £300-odd fee. You should give a full breakdown of the costs you seek (include the application fee and an allowance for further time in connection with your application). You should also give a detailed explanation of why you had to spend that time and incur any expenses claimed.

I put your chances of success no better than 50-50, so bear that in mind when deciding whether to spend further time and money on this.

And regardignthe loss of chance? Does that go in an application too? Or a new claim? And what do you think are my chances in that endeavor?

[atticus]

What chance do you say was lost and why?

[DanMann]

What chance do you say was lost and why?

Quite a long read, sorry: "After judgment was entered in this legal claim, and after waiting three months for payment in the second half of last year, I sent several emails and proof, emails that I have confirmation were received and read (from a DSAR request made to EUI LTD), making it clear that now, as a newly single man, I was going abroad for three months and would be utilising the money that was owed from the judgment for my planned travels. Sent all these after default was entered - as in two months after, with them having made no application for relief from sanctions. In my mind there was no chance they could or would not pay.

So I made bookings (accommodation and flights) and told them, in no uncertain terms, several times, that the money was needed by such and such a date, and I would without a doubt hold them responsible if I found myself abroad with zero spending money - remember, this had been going on for three years. And the trip I took was based on expectation of the money I was owed being paid as required by law. You know what happened next - utterly ridiculous responses, continuation of sheer willful ignorance (I had as much of a cast iron case as you could get), and I believe I will have no problem showing their behavior was utterly unreasonable.

It was one boneheaded and misadvised mistake after the next - until this application which was not even properly filed and is now rejected. And my having to send bailiffs to their offices (rubbishing any idea they put forward that their address is not actually their address) to get the money finally paid.

So I definitely want to pursue them also for the loss of opportunity of my ruined travels. Two thirds of those plans were miserable precisely because of cashflow issues. they knew full well this would happen, and let it occur anyway.

I know that some might question why I booked a trip if I could not afford to enjoy it. There are several issues at play here, including sending money to my ex and kids. Let us just say for now that my approach was beyond reproach and EUI are almost definitely to blame and CAN be held responsible. They have no get out clause here because of remoteness - I made damn well sure of that in the two months I spent repeatedly pursuing them to pay the damn 2K judgment that they knew the consequences of not finally admitting they were wrong and taking responsibility for everything they had done."

[atticus]

Sorry, that claim has no chance.

[DanMann]

I found this on AI: "3. Add to Enforcement (If Applicable) If you are currently enforcing the original judgment, you can sometimes include certain fixed costs of enforcement. However, costs for opposing a separate application for "relief from sanctions" are typically not included automatically in standard enforcement figures. Summary Table of Potential Costs Item Standard Recovery Under "Unreasonable Behavior" Preparation Time £0 (Usually each side bears own) £19/hour (or proven loss) Court Fees Fixed costs only Full reimbursement Travel/Loss of Earnings Up to £95 per day Reasonably incurred expenses"

Anyone know what this pertains to?

[atticus]

The simple point is, indeed remains, that you need to ask the court to order payment of those costs.

[DanMann]

Indeed. It is now £24 per hour LIP rate, btw.

[atticus]

Indeed. It is now £24 per hour LIP rate, btw.

Did you use one of the AI large language models that does not collect information that is less than 2 years old?