County Court Defence - Review Please

Redx

There was a recent win on here where the defendant was awarded over £400 , read it and compare

KeithP

RubyRhubarb said:

Is there a cap on what I can ask in further costs, pursuant to CPR 44.11? As I'm sure I've spent well over 16hrs on preparing for this case.

Yes, there is a cap.

Unless you can prove unreasonable behaviour by the Claimant - a high bar, then you are limited to claiming:
1) travel costs to and from any hearing - inc. parking.
2) time off work - half a days pay limited to £95. Take payslip as proof.

Of course if it's a phone hearing 1) won't apply, and 2) will be no more that the length of time for the hearing.

Don't forget to ask for costs when you win or you'll get nothing.
Some courts won't order any costs at all.

D_P_Dance

Also read CPR27.14(2)(g)

RubyRhubarb

I have received a Notice of discontinuance from the claimant, the letter came through the post the day after I submitted my WS to the court and claimant by email. So they made the decision even before reading my WS. I have spent considerable time on this case and am wondering if the court will still consider my further costs? - as outlined in my defence / WS schedule of costs.

Redx

Depends on the length of time between the discontinuation and the hearing , you are asking questions but not giving exact facts or timescales !!

If it's more than a week , or a fortnight , then no , not unless you made a counterclaim with the defence ? When was the proposed hearing date ?

In any case , well done , Another one bites the dust !!

D_P_Dance

 I have spent considerable time on this case and am wondering if the court will still consider my further costs? -

Have you read this?

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Also read CPR27.14(2)(g)

RubyRhubarb

Yes it's months away! I don't know how they can get away with wasting everybody's time, using the court system as a threat instead of for justice, saying things like they've "won in court before" and it could "affect your credit rating and employability". The whole thing is just a crooked business model, deceiving the public for selfish financial gain - like the "goodwill" £££ offer of settlement I received just before the letter of discontinuance!

RubyRhubarb

D_P_Dance said:

 I have spent considerable time on this case and am wondering if the court will still consider my further costs? -

Have you read this?

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Also read CPR27.14(2)(g)

Think it comes under CPR 44.11, for misconduct or unreasonable behaviour. Should I contact the court about this?

Redx

In that case I would say no chance of any costs !!

Yes it's a disgrace , but it's all a part of their current business strategy , which won't change until the government change it and regulate it, let's hope the new CoP comes in by April 2021 !! ( It won't be retrospective though )

Complain to your MP and get them to complain to the Justice department about the abuse of the system

RubyRhubarb

Yes I will definitely be writing a letter to my MP.

Is it worth complaining to the IPC about non-compliance and predatory tactics?