COUNTY COURT CLAIM FORM (UKCPM, Gladstones)

Loadsofchildren123

Brilliant report bargepole, thank you, well done Mr D and happy birthday Mrs D!

The_Deep

At last, a judge who realises that behaviour such as this by a PPC and their solicitor is entirely unreasonable, although I would have argued very robustly for a lot more than that for unreasonable behaviour.

Lamilad

Reeeeesult! Well done CircusFrog! A real stroke of luck Bargepole turning up for you.

Great report BP.

Coupon-mad

C4GF3X2K, before District Judge Devlin.

Hooray - a VERY good job all round, including a decent Judge - a very Happy Birthday to Mrs CircusFrog!

:bdaycake:

[Deleted User]

Hurrah - well played @CircusFrog and many thanks @Bargepole for the detailed report.

I had not appreciated that the Claimant had failed to serve new Particulars when ordered - going into Court in breach of an Order is asking for trouble (and clearly prejudices the Defendant in this case not knowing properly what their arguments are). I am delighted that the Court gave them that trouble in the form of an unreasonable costs order.

FWIW and given the points raised by @TheDeep earlier, I have taken the liberty of scanning the guidance from the White Book on unreasonable costs - the CPR available online does not include this commentary. https://www.dropbox.com/s/duecpjvlso2eve6/UnreasonableCosts.pdf?dl=0

[Deleted User]

I would have argued very robustly for a lot more than that for unreasonable behaviour

.
Perhaps, but then again, Mrs CircusFrog is now quaffing Birthday Champagne on the UK CPM dollar, so you can't be unhappy with that.... :rotfl:
:beer:

waamo

A good birthday meal can be enjoyed paid for by a PPC. :beer:

bargepole

Interestingly, the Judge did make an obiter remark when it was all over.

He said that costs awarded for unreasonable behaviour, need not necessarily be restricted to the Litigant in Person rate of £19 per hour. They can be awarded up to a limit of 2/3 of what a qualified solicitor would have charged.

Most low level solicitors round this area seem to charge at £195 per hour, so 2/3 of that would be £130. The Judge awarded 10 hours for research and document writing at £19 per hour, perhaps Mrs D should have asked for £1,300 - she may have got it from this Judge, who clearly has a disdain for PPCs.

Umkomaas

perhaps Mrs D should have asked for £1,300 - she may have got it from this Judge, who clearly has a disdain for PPCs.

That really would have been cause to order the Krug.

Maybe a DPA claim will provide for that?

[Deleted User]

The problem is the lack of guidance - the award for unreasonable costs is discretionary, so that is not an inappropriate basis to do a calculation, but it is by no means the only way to do it and others may not be so obliging.

High Wycombe is National Band 1 (Thames Valley) https://www.gov.uk/guidance/solicitors-guideline-hourly-rates - as suggested a Grade C fee earner is £196, but if the Claimant advocate was rather more experienced, as Bargepole suggested, there may have been scope to ask for 2/3 of a Band A or B rate.