County Court (Small Claims Track) and Multi Track)

sombrero

Calderbank Offers are these days applicable in Arbitration cases where there is an Arbitrator appointed under Arbitration Act 1996. I accept that a Part 36 Offer could be applicable (for non small claims track cases) but we feel it will not change anything by forwarding such an offer.

We have made two without prejudice offers to try and resolve the issue but the university are adamant in that they want around £9k in costs (possibly more now) from us if we get case moved to OIA or if we back down.

I still feel a university would have some form of indemnity insurance policy to cover being sued but perhaps we are wrong. I dont understand why they are not bothered about building up their own costs.

Equaliser123

I think you need to have the stay lifted and press on or discontinue the action.

sombrero

we have applied to the court to have the say lifted and its with the District Judge.

If we went for a discontinuants the university would make a claim for costs against us.

sombrero

Have put some proposals to settle case or move case forward. As at today's date case remains in Small Claims Track

Solictor now states CPR ( Rule 38.6) that “a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date
on which notice of discontinuance was served on the defendant”. These costs would need to be agreed, and if agreement could not be reached then they would be assessed by the Court.

We would have thought that if we gave up and case is in small claims track unless our case was unreasonable then the most they can get on costs is £80.00 Am I wrong?

We have not put forward discontinuing the case.

Thanks for any advice on this.

sombrero

UPDATE

Court have requested that we provide full details of the claim and basis of "administrative errors" failing which case will be struck out. We have about 3 weeks.

If we do this there will be an allocation hearing. We were hoping that court would automaticly list this in small claims track.

We are very concerned that the court will go with the solictors and allocate to Multi Track. Under such circumstances we may just cave in because there is no way we can have any chance in high court. They will go for costs. Friends son is preparing to make himself bankrupt under these circumstances.

sombrero

FURTHER UPDATE

We have had an offer from the university on commercial grounds which is based on both parties bearing their own costs.

The deal will enable friends son to continue the masters course on better terms than what was proposed initially. Its not 100% ideal and we will try and fine tune the offer but this deal on offer is reasonable and of course there is no cost implication.

Thanks for everyones help.