Another DEAL court case -won

[mystery1]

Re: Another DEAL court case -won

You are

M1

[Guineveretoo]

Re: Another DEAL court case -won

Really? I can claim an hourly rate for the work I did preparing for this case, even though I am on employment and support allowance?

[bradford]

Re: Another DEAL court case -won

As I have posted elsewhere a Judge today has awarded me costs against DEAL of 18 hours at £18 an hour for all the time wasted on this nonsense. More should do the same.

[Guineveretoo]

Re: Another DEAL court case -won

As I have posted elsewhere a Judge today has awarded me costs against DEAL of 18 hours at £18 an hour for all the time wasted on this nonsense. More should do the same.

I simply don't know how to start, or if this would work for me.

I am currently on employment support allowance, as I am fighting cancer, and am disabled. It may be that the costs thing would not apply to me.

[mystery1]

Re: Another DEAL court case -won

You may get something but usually it's mostly time.

"In the County Court at xxx


~~ To be put before procedural judge ~~


In the matter of


Deal v XYZ
Claim Number XXX


Dear Sir or Madam,


I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's discontinuance.


CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.


On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.


The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:


(explain any expenses here).


Yours faithfully,


XYZ
Defendant"


This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.


£18 per hour is the litigant in person. £190 was awarded to 1 person. http://parking-prankster.blogspot.co...headlines.html


M1