OPS and failed POPLA appeal

KeithP

Why do you want to oppose a request if no such request was made?

Makes no sense.

erik_the_red

Court hearing result:  WIN for Defendant - claim dismissed but no costs awarded by the Judge.
My partner was the defendant so I wasn't able to listen in to the telephone hearing but by all accounts the Judge wasn't impressed at having to deal with the case and was highly critical of OPS.
"The Judge demolished the case.  Loved the way he decided the signs and the silly 'aerial map' crosses were completely inadequate."
Massive thanks to Coupon-mad for her guidance with the defence and WS.

D_P_Dance

claim dismissed but no costs awarded by the Judge.

What, not even the usual pittance?  Dis he/she give a reason?  

erik_the_red

I'll try to get more info and post an update when I have it.

BrownTrout

erik_the_red said:

Court hearing result:  WIN for Defendant - claim dismissed but no costs awarded by the Judge.
My partner was the defendant so I wasn't able to listen in to the telephone hearing but by all accounts the Judge wasn't impressed at having to deal with the case and was highly critical of OPS.
"The Judge demolished the case.  Loved the way he decided the signs and the silly 'aerial map' crosses were completely inadequate."
Massive thanks to Coupon-mad for her guidance with the defence and WS.

good news, ! 

nosferatu1001

Shame no costs - did your partner need to take time off to "attend"?

Coupon-mad

I was the lay rep.  As we know, you just don't always get costs awarded. I've learnt enough to know, that's life in small claims. 

The Judge was not up for awarding any costs, just saying that ''this is a small claim'' and he was ''minded to avoid any disproportionate costs''.  He also felt that the fact the PPC had won at POPLA was reason for them to believe that the claim had merit and was not unreasonable to bring to court.

He did, however, unravel their case beautifully so that it was demolished from the outset, and I didn't need to speak for the first 45 minutes!

I can add a court report when I get a chance, might be later this week due to a family birthday and us being out.

D_P_Dance

• Unreasonable behaviour costs are rarely awarded, but a defendant who wins usually gets travel costs and, if working, a few quid for any loss of wages.   

Coupon-mad

True, but not always the latter.  The Judge took into account that the Claimants had reason to think they had a case to bring to court (potentially/arguably an overstay occurred, and they had won at POPLA) so he was keen not to grant costs and there's nothing more to be said if that's the court's position and you know you've won anyway.

Le_Kirk

Good result, despite the costs issue.