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  • Claim Discontinued - Reclaiming Court Costs

    Great news! A court claim has just been discontinued by the creditor after what seems like a lifetime.

    Their application for Summary Judgement was dismissed, but they continued with the claim (or the claim continued as it was not dismissed) for a further 8 months until a week before the Trial Listing was due to be lodged.

    I understand that once the creditor discontinues there is little chance that the claim can be reinstated. So I might get a little peace at last. Any experience of what happens now, e.g. will they pass it back/onto someone else, or will it die?

    Although I cannot claim for the years of misery caused by this particularly vicious swine, I would like to cause some pain without fear of it retaliating. So I was wondering about putting in a claim for court costs. Has anyone any experience of what I can claim?

    The standard seems to be - time taken in case preparation and disbursements. The former not exceeding 2/3rds of what a solicitor would charge.

    As I appear to have spent 2 years in research and review - almost as long as a law degree - I realise I cannot claim for all of my time, and none for my anguish.

    Can I claim costs for both the Summary Judgement and the main case? Additional research was required for Summary Judgement which was different and outside the scope of the main case.

    Am I right in the belief that there are 2 separate cases and thereby 2 separate costs:
    the Summary Judgement case relates to the process and the viability of the claim not the money claim per se

    the main case relates to the money claim
    Last edited by julian; 3 March 2013, 10:23. Reason: format

  • #2
    Re: Claim Discontinued - Reclaiming Court Costs

    Well done. I'm sure Paul will advise but IIR you're able to claim £18ph. I'm sure ultimate warrior did this (legal claim section)...
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Claim Discontinued - Reclaiming Court Costs

      I would like to thank the forum, with special thanks to Paul and Niddy, for their help and support.

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      • #4
        Re: Claim Discontinued - Reclaiming Court Costs

        Julian

        Can you access the legal section? I will ask Paul to pop in here cos I can't recall who it is that is reclaiming £x per hour as LiP's expenses so to get the correct info I will ask Paul if he can pop in and reply to you....

        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: Claim Discontinued - Reclaiming Court Costs

          Niddy, Yes I can access the legal section. I have been wandering around. I picked up the figure on the appeal case.

          It is confirmed elsewhere that a Litigant in Person (LiP) can currently charge £18 per hour and also £80 for a court appearance without having to prove anything, or actual cost backed up by proof of actual loss e.g. if claiming a day's earnings. Although an LiP would take longer than a solicitor, the costs need to be lower than a solicitor would charge for the service. e.g. LiP 100 hours x £18 = 1800 Solicitor 25 hours x £100 = 2500.

          I would be happy to put in a claim for 1000 hours, although quite close to a true sum, I feel it would be considered unrealistic. The claimant may be more amenable to pay what I ask for if I put in a figure that they may have seen/paid before.

          Hopefully, Paul will be able to advise.

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          • #6
            Re: Claim Discontinued - Reclaiming Court Costs

            Hi Julian, well done on your discontinuance and good luck with costs
            For reference:
            THE COSTS PRACTICE DIRECTION - Civil Procedure Rules

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            • #7
              Re: Claim Discontinued - Reclaiming Court Costs

              Paul is at trial so bit busy but he texted :-

              "Lip costS are automatically entitled upon discontinuance as long as the case was NOT a small claims case. The lip can claim their reasonable costs incurred but they will need to quantify them and set out what each item relates to and the time spent etc."

              Does that assist?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Claim Discontinued - Reclaiming Court Costs

                Thanks Niddy and Paul. Much appreciated.

                Seems I am entitled to claim as the case was on the Fast Track. As it has taken so long, I just wonder how long others take.

                I'll use the examples demonstrated in the CPD/CPR on Elsa's link, and bung in what I can. They can but say no, and if they are too nasty, I can always threaten to ask the judge to adjudicate.

                I'll think hard before I put my head into the lion's mouth though, cos I'm a scaredy cat.

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                • #9
                  Re: Claim Discontinued - Reclaiming Court Costs

                  Watsons Solicitors links to

                  Civil and Commercial Costs Lawyers

                  M1

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