Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Fruitcake

I am no court expert but I think all you need to do is produce a draft order for costs and submit it as a costs application for unreasonable behaviour and ask that it be put before a judge.

There are examples of draft orders on the forum but I think it needs words such as,

Upon the claimant having failed to inform the defendant of a discontinuance, (in breach of CPR X.XX)

and,

Upon the claimant having filed a late discontinuation order with the court X days after the court mandated filing date, 

Etcetara ...

Coupon-mad

All the documents needed are shown in the Premier Park Southampton case link.  It was just an email to get the ball rolling. You could copy his email and add a bit referring to his similar case (claim xxxx) where DJ xxxxx awarded £xxx for exact same conduct by the same Claimant and solicitor in (year).

Same with the one shown in the NEWBIES thread, by @bluetoffee1878

Harvez63

Sorry all, I've not left this. 

Just going on holiday in a couple of days and pressure at work meant I havent had time. I will try and get something gone this week to the judge. 

Still no letter from BWL ... ovbiously 

Harvez63

How is this?

 Dear Sir or Madam, 

I was due to have a hearing for the above case on 14th July 2023. I phoned the courts on 13th July 2023 to confirm the hearing was still going ahead and they informed me the hearing had been discontinued on 7th July 2023 by The Claimant. 

The Claimant made no effort to inform The Defendant of the discontinuation, and to this date, still hasn’t received anything from The Claimant. A Claimant who has dealt via emails throughout this year long case, but failed to CC the Defendant in when notifying the court of discontinuance as to be common practice with this Claimant. 

CPR r.38.6 states that The Claimant is liable for The Defendant costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): “Note that the normal rule as to costs does not apply if a Claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg)).”

On this basis I would like to request a costs order to be made against The Claimant giving that Premier Park LTD has behaved unreasonably by tactically discontinuing this claim without notice. Premier Park LTD also acted unreasonably with the default CCJ relating to this claim by signing a consent order admitted fault of service, but only the day before that hearing. 

I refer you a similar case brought to Southampton courts by the same Claimant. Claim F8DP7R6Y – Premier Park V S Jones where DJ Guppy awarded cost for identical behaviour from the same Claimant. 

The Defendant had significant cost to prepare the Defence and prepare attendance of the hearing, as a business owner I had to inform all clients the business was closed for the day, and the cost claimed are shown in the attached cost schedule.

Coupon-mad

Yes send it - and enjoy your holiday!

Harvez63

Thank you, just email with my original cost assessment to hearings.southampton.countycourt@justice.gov.uk? do I bother to copy in BWL? 

Umkomaas

Harvez63 said:

Thank you, just email with my original cost assessment to hearings.southampton.countycourt@justice.gov.uk? do I bother to copy in BWL? 

I would, especially as you are complaining that BWL failed to do the very same thing when discontinuing your case. Maintain the moral high ground. 

Boat_to_Bolivia

Congratulations on your win OP, you absolutely deserved it. You put so much work into your case and my hat's off to you.

You have really earned a good holiday, have a fantastic and very relaxing time

Fruitcake

What does this mean?

" ... as to be common practice"

Boat_to_Bolivia

Fruitcake said:

What does this mean?

" ... as to be common practice"

The OP may have missed out the word 'appears' and maybe it would be better to change as to which? Thus the sentence would read.....

'...which appears to be common practice...'

I'm just surmising though...!