County Court - Small Claims - Costs

[heisenberg]

Dear all,

Please could someone kindly confirm that if and when a claim is struck out in the small claims track that costs are automatically awarded?

Also, if one does not have the ability to pay the costs can a Judge still make a costs order?

Many thanks.

[EXC]

Re: County Court - Small Claims - Costs

Not automatically but what costs do you mean?

Costs orders can take into account your means so that you can pay in installments.

[AntelopeBoy]

Re: County Court - Small Claims - Costs

Hi,

This would depend on how/why the claim was struck out. Would you be able to advise as to the circumstances?

[heisenberg]

Re: County Court - Small Claims - Costs

Hi,

This would depend on how/why the claim was struck out. Would you be able to advise as to the circumstances?

Hi,

I have served a letter before action on another party. They have responded by threatening to apply for the claim to be struck out together with an application for costs. They have not fully complied with the Practice Direction and are seemingly resorting to scaremongering.

I understand costs are awarded only in exceptional circumstances.

[AntelopeBoy]

Re: County Court - Small Claims - Costs

Hi,

If the claim has been submitted then the successful party is within their rights to apply for costs, it is at the judge/court's discretion whether or not to award it. Making an application does not guarantee this will be granted.

I am a bit confused when you say the other pary's response to your LBA was a threat to apply to have the claim struck out. Was the response after the claim had been started?

[jaydee]

Re: County Court - Small Claims - Costs

Hi

If proceedings are struck out prior to being allocated to the small claims track the losing party as a general rule pays all costs. Struck out after the claim has been allocated to the small claims track please see CPR 27.14 and Practice Direction 27. Additionally if one party has behaved unreasonably then cost may be awarded at the discretion of the court.

Costs - Practice Direction 27

7.1 Attention is drawn to Rule 27.14 which contains provisions about the costs which may be ordered to be paid by one party to another.
7.2 The amount which a party may be ordered to pay under rule 27.14(2)(b) (for legal advice and assistance in claims including an injunction or specific performance) is a sum not exceeding £260.
7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are:
(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and
(2) for experts’ fees, a sum not exceeding £750 for each expert.
(As to recovery of pre-allocation costs in a case in which an admission by the defendant has reduced the amount in dispute to a figure below £10,000, reference should be made to paragraph 7.4 of Practice Direction 26 and to paragraph 7.1(3) of Practice Direction 46.)

[heisenberg]

Re: County Court - Small Claims - Costs

Hi,

If the claim has been submitted then the successful party is within their rights to apply for costs, it is at the judge/court's discretion whether or not to award it. Making an application does not guarantee this will be granted.

I am a bit confused when you say the other pary's response to your LBA was a threat to apply to have the claim struck out. Was the response after the claim had been started?

Hi,

No, I have not even submitted a claim yet. As I mentioned, they have not even complied with the Practice Direction (allowing me to understand their defence in full). It seems they are trying to frighten me off and suggesting I have already accrued costs of well over £1000.

- - - Updated - - -

Hi

If proceedings are struck out prior to being allocated to the small claims track the losing party as a general rule pays all costs. Struck out after the claim has been allocated to the small claims track please see CPR 27.14 and Practice Direction 27. Additionally if one party has behaved unreasonably then cost may be awarded at the discretion of the court.

Costs - Practice Direction 27

7.1 Attention is drawn to Rule 27.14 which contains provisions about the costs which may be ordered to be paid by one party to another.
7.2 The amount which a party may be ordered to pay under rule 27.14(2)(b) (for legal advice and assistance in claims including an injunction or specific performance) is a sum not exceeding £260.
7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are:
(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person, and
(2) for experts’ fees, a sum not exceeding £750 for each expert.
(As to recovery of pre-allocation costs in a case in which an admission by the defendant has reduced the amount in dispute to a figure below £10,000, reference should be made to paragraph 7.4 of Practice Direction 26 and to paragraph 7.1(3) of Practice Direction 46.)

Hi,

Thanks for that.

Can they even award costs when I am exempt from court fees and am living on state benefits?

[Amethyst]

Re: County Court - Small Claims - Costs

Hi,

Thanks for that.

Can they even award costs when I am exempt from court fees and am living on state benefits?

Yes.

[heisenberg]

Re: County Court - Small Claims - Costs

Yes.

How would they expect me to pay them back?

[Amethyst]

Re: County Court - Small Claims - Costs

Might be an idea to go through a bit more background of the claim you are thinking of bringing, might help figure out if they are just trying to scare you or if your claim does indeed have no merit.... before you throw your hat into the ring and face even the tiniest risk of costs against you.

[Amethyst]

Re: County Court - Small Claims - Costs

How would they expect me to pay them back?

Installments, bankruptcy, attachment of earnings, etc etc

Is this related to http://www.legalbeagles.info/forums/...982#post599982 ?

[heisenberg]

Re: County Court - Small Claims - Costs

Might be an idea to go through a bit more background of the claim you are thinking of bringing, might help figure out if they are just trying to scare you or if your claim does indeed have no merit.... before you throw your hat into the ring and face even the tiniest risk of costs against you.

I have just submitted one claim against a different party today. In that case I did not receive any response to my letter before action and follow-up letters. I am worried that they may suddenly submit a defence and seek a strike out and then claim costs.

The other case relates to this one (and has similar heads of claim). I am deliberating bringing claims under the Equality Act 2010 in that case as follows:

1. Direct discrimination.
2. Indirect discrimination.
3. Discrimination arising from a disability.
3. Failure to make reasonable adjustments.
4. Victimisation.
5. Aiding contraventions.

As you may be able to tell it is quite a complicated matter hence the need to understand the potential defence in full. The other side is subjecting me to prejudice but not complying with the Practice Direction.

- - - Updated - - -

Installments, bankruptcy, attachment of earnings, etc etc

Is this related to http://www.legalbeagles.info/forums/...982#post599982 ?

Somewhat. I am still awaiting a response to my letter before action in that case (sent over a month ago).

Does £1 a month count as an instalment?

[heisenberg]

Re: County Court - Small Claims - Costs

If proceedings are struck out prior to being allocated to the small claims track the losing party as a general rule pays all costs. Struck out after the claim has been allocated to the small claims track please see CPR 27.14 and Practice Direction 27. Additionally if one party has behaved unreasonably then cost may be awarded at the discretion of the court.

Presumably it would be nearly impossible for a claim to be struck out prior to being allocated to the small claims track when the defending party has not responded to a letter before action in a discrimination case?

[heisenberg]

Re: County Court - Small Claims - Costs

To add to the complexity and my difficulties, one of the parties is a solicitor providing legal services through Legal Aid. I have phoned the Legal Aid Agency/Civil Legal Advice line to request legal assistance but they say they are not able to provide this as as there is an alleged 'conflict of interest'. So, in short I am being denied access to justice, for the most part, and am having to resort to taking legal advice on forums like this. What a complete shambles!