We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Small Claims Court Costs: Unreasonable Conduct
This case (Orton v Barclays Bank) was a PPI case. Claimant wanted more than the PPI payment and sued for losses but decided to withdraw at the last moment. Barclays said this was unreasonable and wanted costs, despite this being in the Small Claims Track.
Costs were awarded and this is the appeal. It covers the whole range of authorities and arguments on the subject and is food for thought for those pressing OP's to go for costs against PPC's
https://www.bailii.org/ew/cases/EWCA/Civ/2026/1025.html
- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
Comments
-
A world away from bulk litigation where the claimant intends to discontinue before they even submit the claim, and has no intention of paying the hearing fee or submitting a witness statement though.
Judges don't award big costs against DCB Legal and friends, but limited costs based on recompensing defendants who spend time drafting witness statements would not go against this ruling or the CPRs in my view. This case is about £850+VAT, not the seventy odd quid total we're talking about.
Plus this was a one-off, not a pattern of behaviour.
2
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 355.7K Banking & Borrowing
- 254.9K Reduce Debt & Boost Income
- 456.1K Spending & Discounts
- 248.3K Work, Benefits & Business
- 605.9K Mortgages, Homes & Bills
- 179K Life & Family
- 263.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.7K Read-Only Boards