N260 Statement of Costs (Summary Assessment) Query

[rareair04]

Hi everyone,

My first query, so please bare with me.

I have a small claims court hearing tomorrow (via telephone) in relation to a copyright infringer. The defendant's solicitor has this afternoon emailed a N260 Statement of Costs (Summary Assessment) which totals to just over 4K.*

I have two questions. First, I was under the impression that win or lose, the claimant would not have to bare the brunt of the other sides legal costs (solicitors, etc.) as per CPR 27.14?? Secondly, to enable a summary assessment to take place all parties must have filed and served a statement of costs no later than 24 hours before the hearing is listed to take place. The hearing is at 12pm tomorrow and I got this document at 1408 today so past the deadline

As the claimant in this case can I ask the judge to throw this out, or will I still be liable to pay their costs. 4K is a lot of money to pay and as a freelance photographer I dont have that readily available!

Thanks everyone

[efpom]

The Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 (12 April 2017)
http://www.bailii.org/ew/cases/EWCA/Civ/2017/269.html

confirmed that the Ridehalgh test applies to CPR 27.14(2)(g) and cited Sir Thomas Bingham MR’s comments that “The acid test is whether the conduct permits of a reasonable explanation…If so, the course adopted may be regarded as optimistic…but it is not unreasonable”.

The Court was at pains to emphasise that parties on the small claims track (many of whom act in person) should not be deterred from litigating due to a fear that simply by pursuing their case they will be penalised in costs. As the Court determined “Litigants in person should not be in a better position than legal representatives but neither should they be in any worse position…”

https://www.justice.gov.uk/courts/pr...l/rules/part27

In a nutshell, your opponent would have to demonstrate that you behaved unreasonably - but the judge, of his own motion, can also decide that you behaved unreasonably - and give reasons for so deciding.





*

[rareair04]

Thank you EFPOM, much appreciated!

[efpom]

Let us know how the hearing went.

[rareair04]

The case was waiting to be allocated to a track and so the judge has awarded costs to the defendant. :-(
I am thinking of discontinuing the case as I am haemorrhaging money over this. Bitter pill to swallow but such is.*

To discontinue a claim/case is it just a case of filing a N279 form and sending to all parties? I take it there is no fee involved?