£659 costs awarded against Gemini Parking

Castle

Court hearing turns into a Costs hearing:-
http://forums.pepipoo.com/index.php?showtopic=115925&st=260&start=260
(Another Gladstones' "special")

Loadsofchildren123

Just a point on rule 38 which is discussed on that thread you've linked to and has been debated on here recently.


Peperlini on here had her costs application (made on paper) rejected because the judge said Rule 38 didn't apply.


All that Rule 38 says is that there is an AUTOMATIC costs order following a late discontinuance, and then it goes on to say that this doesn't apply to small claims. So all that means is there is no AUTOMATIC costs order in a discontinued small claims track case. It does not mean that there cannot be a costs order. Rule 27.14(2)(g) continues to apply, which is that the court has the DISCRETION to award costs.


I've taken to adding reference to this to the precedent I worked on with peperlini and was then going to be used by claxtome (but in the end he didn't bother as he had other things going on) to make it clear that the discretion to award costs still exists under 27.14(2)(g) and is not extinguished by Rule 38. There are precedents on claxtome's thread, I'm not sure if they found their way into C-M's newbies/precedents.


If anyone wants to copy and paste this over to the pepipoo thread I don't mind, I haven't got time to re-post on there right now.

System

Could we sit on our hands on this one and bring it out in 21 days. There is a bit more to this than 27/38.

A friendly MP wouldn't go amiss either.