Discontinuing claimant refusing to pay costs

[leopard lady]

Hi the claimant discontinued and costs were claimed as it was on the fast-track. The claimant refused to pay so the court form was sent.

They have still refused payment and say they will ask for full proof of all hours of research in court.

I had previously been advised that I could claim on 'an indemnity basis' but am not sure how this works. I would be grateful if anyone could advise me what to do next. Thanks.

[leopard lady]

Re: Discontinuing claimant refusing to pay costs

anyone help me with this please?

[charitynjw]

Re: Discontinuing claimant refusing to pay costs

Hi,
I nicked.....er, borrowed this from OTR - hope it helps!

http://www.consumeractiongroup.co.uk...-costs-for-LiP

[leopard lady]

Re: Discontinuing claimant refusing to pay costs

I have read this thanks, but its not clear on indemnity basis costs. I have posted on cag also but am getting no response. Thank you.

[mikejclark]

Re: Discontinuing claimant refusing to pay costs

An indemnity costs award is where the court awards all the winning parties costs (subject to assessment) as opposed to standard costs (where the winning is awarded the majority of costs but not all).

Indemnity costs are awarded a punishment against the losing party due to their conduct in the case. As they have brought the claim and dropped it there is an argument however case law says that they will be awared only in 'exceptional circumstances' which of course if based on the facts of your case and to be truthful they are not often awarded.

I would need to see the paperwork and take further instructions from you to be able to give more detailed advice on this.

Hope this helps.