VCS court defence check [Now WS check please]

Coupon-mad

The Judge may decide to make it a costs hearing, or may decide to treat your email as a without notice application and decide the matter without a hearing.

Wait and see what Order comes back.

samc999

Is there any possibility of me owing money to the court or the Claimant at this stage or do I really have nothing to lose, (leave with nothing or leave with my costs)? 
The discontinuance has been confirmed at the court.

Coupon-mad

Nothing to lose by reasonably asking the court to award your costs.  All you did was send an email asking the court to decide.

Wait and see what the Judge Orders, some courts would demand from you an 'application fee' if you want to pursue it as a formal application, in which case you'd say 'no, not worth doing it formally' and walk away.

Some Judges would not need a hearing and would decide straight away whether you can have your wasted costs or not.

Stop phoning the court and just wait to see what the Judge says; his/her reply will cost nothing.

samc999

Thanks for the reply, the hearing time has been changed and I'm told both parties will be involved. 
I'm not sure why the claimant would be involved with my assessed costs but once again I assume they cannot make fresh allegations or pursue costs of their own, given a hearing is now going ahead despite discontinuance? 

Thanks

Coupon-mad

They cannot claim costs in a case that was allocated to the small claims track (which this was) unless you conducted yourself unreasonably. 

You met all court deadlines and did all that was expected of you along the way?

You intend to attend this hearing?

You have sent them (Claimant's solicitor) a costs assessment at some point already?

You did incur costs?

Then none of what you have done meets the very high bar of unreasonableness and so they could not have costs for attending this hearing, under small claim rules.

Resident costs expert here is @bargepole who may stop by and add something, or put me right if I am wrong.

bargepole

The hearing will be a short one, and the only issue to be decided is whether you are entitled to costs, and if so, how much.

The claim is discontinued by the Claimant and cannot now be reinstated.

They are entitled to attend the costs hearing, and make submissions opposing your application for costs.