Help with defence for court claim

robby29

I have received notice of discontinuance from bw today for one of these claims, I have phoned the court and they should have more information next week as the file is up with the judge at the moment.

I did mention I would like to recover my costs from the claimant for this case they are discontinuance and have been told this will cost me £100 to do so is this correct?

waamo

robby29 wrote: »

I have received notice of discontinuance from bw today for one of these claims, I have phoned the court and they should have more information next week as the file is up with the judge at the moment.

I did mention I would like to recover my costs from the claimant for this case they are discontinuance and have been told this will cost me £100 to do so is this correct?

Them discontinuing makes it incredibly difficult to recover any costs. That's one of the reasons they do it.

robby29

Ok thanks not worth my time or effort then.

Coupon-mad

robby29 wrote: »

I have received notice of discontinuance from bw today for one of these claims, I have phoned the court and they should have more information next week as the file is up with the judge at the moment.

I did mention I would like to recover my costs from the claimant for this case they are discontinuance and have been told this will cost me £100 to do so is this correct?

So glad you won the case! :T

ANOTHER ONE BITES THE DUST!

Actually, as the case is 'up with the judge at the moment' then SEIZE your moment and drop off to the court on Monday, marked for the Judge's urgent attention, a costs schedule and point out that they have harassed you with two concurrent claims, wasting the court's time and yours with wholly aggressive an vexatious conduct that has no reasonable explanation.

Then add the words that you find when you search the forum for:

two claims? abuse of process

...citing the case law about that, and ask for your costs thus far, attaching a reasonable costs schedule, calculated at £19 per hour LiP rate for dealing with this claim alone.

Blue Toffee managed it and I think his case is linked in the NEWBIES thread under the section on Costs Schedules.

On the basis that if you don't ask, you don't get, and the fact it's on the Judge's desk this coming week...ask!

robby29

Coupon-mad i am onto it will hopefully get this down to the court tomorrow if I get time.

robby29

Moving forward the claimant has asked the case to be dismissed, but the judge has refused this and wants both cases to be heard together, this seems very strange for the case not to be dismissed.

Redx

perhaps he or she wants to slap them with an unreasonable costs order for bringing 2 spurious claims and wasting his or her time reading them etc


I know I would

robby29

Well I hope that is the case because they will be a very large counter claim against them for 2 cases that’s for sure.

Redx

is there a counter claim ?


if not, then its too late for any counter claim as that would have been done at the same time as the defence was submitted, plus paid for too

robby29

Sorry redx not a counter claim but claiming for my costs I was meant to say.