IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Bw legal notice of discontinuance

Hi all, I have been harassed by Bw legal on behalf of link parking since they took over ‘management’ of the car park at my flat block. 

Issued claim 1 in July 2022 which was struck out for failure to pay hearing fee. Claim 2 issued September 2022 proceeded to hearing in Jan 23, claim dismissed. 
Claim 3 issued June 2023- filed defence citing Henderson v Henderson cause of action estoppel etc 
Claim 4 issued Nov 23 whilst claim 3 is still pending- filed similar defence requesting strike out.

received court directions in relation to claim 3 in Dec 23 requesting that I made the strike out application on the N244 form which incurred a £275 fee which I did. Made application to link claim 3 and 4 to strike both out on first basis cause of action estoppel and Henderson, secondly because specifics of claim were useless and told me nothing and set out a costs application- £275 for application itself, £285 for 15 hours litigant in person rate for their wholly unreasonable conduct which I fully set out and which I argued was evidenced by the litigation history. 

Received hearing date from court to decide my application on 27th feb and claimants sols directed to file a bundle relating to claim 3 and 4.

today received copy of notice of discontinuance from BW legal which they have filed with court. 

Do the court have any scope to refuse this due to my application still being pending (I haven’t discontinued it) or do they have to accept it? Where does it leave the matter of costs? CPR 38.6(1) refers to claimant being liable for defendants costs incurred pre discontinuance but from Google it seems this doesn’t apply to claims allocated to the small claims track. Also means claim 4 is still pending I assume as they only filed notice of discontinuance for claim 3 reference number?

grateful for any insight into likely outcome or what I can expect Court to decide now as this is all new to me. 

Comments

  • Le_Kirk
    Le_Kirk Posts: 21,938
    First Anniversary First Post Photogenic Name Dropper
    Forumite
    This is often posted by one of the regulars (@Coupon-mad): -
    Attention is drawn specifically to the (often-seen) distinct possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally 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))."
  • DollyJ2019
    DollyJ2019 Posts: 16
    First Post First Anniversary Name Dropper
    Forumite
    Le_Kirk said:
    This is often posted by one of the regulars (@Coupon-mad): -
    Attention is drawn specifically to the (often-seen) distinct possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally 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))."




    thanks, that’s really helpful! How do I go about bringing it to the courts attention though? Is the fact I’ve already outlined the unreasonableness and costs application in my application form sufficient or do I need to lodge some sort of notice/ response now?
  • patient_dream
    patient_dream Posts: 3,410
    First Anniversary First Post Photogenic Name Dropper
    Forumite
    Well done on beating BWL who maybe starting to go on the DCBL GRAVY TRAIN of discontinuations .... we shall see ?

    Do you think you can clearly show unreasonable behaviour by BWLegal.
    Discontunuation in itself is not reasonable considering the stress you suffered

    See what Coupon-mad suggests, not forgetting we have two lovely solicitors on this forum who are willing to help
  • DollyJ2019
    DollyJ2019 Posts: 16
    First Post First Anniversary Name Dropper
    Forumite
    Well done on beating BWL who maybe starting to go on the DCBL GRAVY TRAIN of discontinuations .... we shall see ?

    Do you think you can clearly show unreasonable behaviour by BWLegal.
    Discontunuation in itself is not reasonable considering the stress you suffered

    See what Coupon-mad suggests, not forgetting we have two lovely solicitors on this forum who are willing to help
    Without doubt! They lodged a 3rd claim after losing the 2nd and then a 4th whilst the 3rd was still pending! Now discontinued after reading my application which came with a cost to lodge it. I argued in the application that it was virtually impossible to envisage how they could’ve been any more unreasonable and I totally stand by that, they are beyond a joke! 

    But I’m not clear at all about how I go about effectively resurrecting the costs element in light of their discontinuance notice? 


  • Johnersh
    Johnersh Posts: 1,288
    First Anniversary First Post Name Dropper Photogenic
    Forumite
    Noone can guarantee how the court would deal with it, but you could....

    Write to the court and ask that the application fixture be utilised for the summary assessment of costs sought notwithstanding that the claim has been withdrawn. Not that you applied for it, but you *could* ask the court to consider whether a CRO should be made in circumstances where the PPC has become a vexatious litigant having issued multiple unmeritorious claims,  only to be struck or withdrawn at cost to you and wasting court resources.

     I don't have the facts nor do I think that order is likely, but 4 claims in 2 years?
  • DollyJ2019
    DollyJ2019 Posts: 16
    First Post First Anniversary Name Dropper
    Forumite
    Johnersh said:
    Noone can guarantee how the court would deal with it, but you could....

    Write to the court and ask that the application fixture be utilised for the summary assessment of costs sought notwithstanding that the claim has been withdrawn. Not that you applied for it, but you *could* ask the court to consider whether a CRO should be made in circumstances where the PPC has become a vexatious litigant having issued multiple unmeritorious claims,  only to be struck or withdrawn at cost to you and wasting court resources.

     I don't have the facts nor do I think that order is likely, but 4 claims in 2 years?
    Thankyou, I think i will give that a shot! Fingers crossed as it is extremely annoying to think I’ve lost the £275 for lodging the application even. 
  • DollyJ2019
    DollyJ2019 Posts: 16
    First Post First Anniversary Name Dropper
    Forumite
    Johnersh said:
    Noone can guarantee how the court would deal with it, but you could....

    Write to the court and ask that the application fixture be utilised for the summary assessment of costs sought notwithstanding that the claim has been withdrawn. Not that you applied for it, but you *could* ask the court to consider whether a CRO should be made in circumstances where the PPC has become a vexatious litigant having issued multiple unmeritorious claims,  only to be struck or withdrawn at cost to you and wasting court resources.

     I don't have the facts nor do I think that order is likely, but 4 claims in 2 years?
    I’ve written to the court as you advised and their reply says a notice of discontinuance hasn’t been filed with them and assured me that as it’s my application the hearing will remain listed!  They are absolute vermin, just as well I checked 
  • LoneStarState
    LoneStarState Posts: 102
    First Anniversary First Post
    Forumite
    I’ve written to the court as you advised and their reply says a notice of discontinuance hasn’t been filed with them and assured me that as it’s my application the hearing will remain listed! 
    All the more evidence for unreasonable behaviour.  Good thing you checked.
Meet your Ambassadors

Categories

  • All Categories
  • 341.8K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 233.9K Work, Benefits & Business
  • 606.1K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards