BW Legal/Excel Pre-Pofa advice please

Parking-Prankster

Nice one. Its CPR 27.9, which basically says if you are not turning up in court you must give 7 days notice.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

lordgreenelf

Thanks for correction and clarification about the 27.9!

Just going back to this bit though ....

lordgreenelf wrote: »

She awarded me expenses, but can I still apply for further costs under CPR 38.6 and also Rule 27.14(2)(g), for the time I spent preparing my defence?

Can I still apply for these further costs above the "day in court" expenses already awarded?


EDIT: I doubt 38.6 will apply after reading it again as this is for discontinuance? But can I still apply for 27.14(2)(g) retrospectively?
Costs on the small claims track
27.14
(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

I've already been awarded d & e:
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

Thanks again
Paul

DoaM

Pre-POFA case thrown out? Sounds like a perfect case for a DPA claim.

Coupon-mad

Can I still apply for these further costs above the "day in court" expenses already awarded?

You could ask (needs to be immediately, really, and in writing). Have a look at the Costs letter written by LOC123, as linked in the NEWBIES thread post #2, near the example costs schedule. I looked at it earlier.

And if no luck with that, how about a punt at a DPA claim for compensation, for data misuse, as DoaM says.