Appeal Costs for dismissed section 21 claim?

[TryingMyBest]

Hello,

We won our Section 21 repossession claim as litigants in persons. The judge balked at the costs that we asked for despite poor behaviour from the claimant. we were given £400 despite asking for £1500 and being able to show lost earnings. We asked for costs to be assessed on an indemnity basis and are not sure if it was granted on that basis, but assume that it was since there was clear poor behaviour from the other side; the claim has no prospect of success.

Today we get the letter and it states £300 despite the judge having said £400 at the hearing.

My questions:

1.) what track are repossession hearings considered anyways?
2.) Can I ask the judge to reconsider the costs as a whole? I think we can show costs of £1500.
3.) Can I ask for permission to appeal? Will I be able to recoup costs if I win?

Thank you.

[atticus]

The letter is presumably the Court order.

You can ask the court office the check with the judge as you are sure he said £400.

As to the rest, you are unlikely to get anywhere.

[islandgirl]

Forget the extra costs would also be my advice other than to check the amount - to win the case is excellent and good news enough! And how would the person pay anyway...

[Pezza54]

Answer to Q1
Please read CPR 55
In particular 55.8 (1)(a) and (b) At the hearing the court may decide the claim or give case management directions

55.8(2) If there are substantial genuine grounds for the claim to be disputed the court will allocate the claim to a track (case management directions)

55.8(3)(a) The claim can be allocated to the fast track, intermediate track or multi-track

55.9(2) The court will only allocate the claim to the small claims track if both parties agree

As you have asked the question, I presume the claim wasn't allocated to a track and the case was decided at the hearing