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#Post#: 88571--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 5, 2025, 10:03 am
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Your comments here have really helped me understand what I’m
actually fighting.
Unsurprisingly 4pm has passed with no WS from moorside so I
shall submit my WS now as you described.
#Post#: 88574--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: September 5, 2025, 10:08 am
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I would also double check with the court that they actually paid
the trial fee. I know you said they did but I would get another
confirmation of that.
#Post#: 88576--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 5, 2025, 10:14 am
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I rang them earlier to confirm the court email address and
double checked that as well. Trial fee was paid.
Seems mad they would pay the trial fee but not submit a WS but
nothing they do seems to make sense.
#Post#: 90517--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 18, 2025, 9:07 am
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For anyone that might read this in the future I wanted to
conclude this case and pass on my thanks to everyone who guided
me, especially the wonderful [member=26]b789[/member] who
provided unbelievable support and documents.
Moorside Legal never bother to submit a witness statement.
Notice of Discontinuance Was sent to me by email 24hours and 15
minutes before the court hearing. I assume they waited until
just before the 24 hour mark otherwise they would have had to
turn up. (I double checked with the courts this had been
received for peace of mind)
To anyone in a similar situation. Don’t lose hope. Follow the
guidance given to you by members here and you will win.
🏆
Slightly disappointed I can’t see the judge slap their wrist for
not submitting a W/S.
How do they live with themselves taking up so much of the courts
time knowing full well they will back out?
Do any solicitors ever get reprimanded for this?
Thanks a million
Pauly
#Post#: 90535--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: September 18, 2025, 11:33 am
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[member=4907]Pauly436[/member], you can go one better...
You can still ask the court to award you costs, even though the
claim was discontinued before the hearing. Normally, in the
small claims track each side pays their own costs, but there is
an exception in the rules. Rule 27.14(2)(g) says that if a party
behaves unreasonably, the court can order them to pay the other
side’s costs.
Here the claimant issued a defective claim that never complied
with CPR 16.4 because it did not properly set out a cause of
action. They then failed to serve any witness evidence in line
with the court’s directions, even though they paid the hearing
fee and kept the case going until just twenty-four hours before
the hearing. At that point they filed a notice of
discontinuance. That sequence of events meant you had to spend
time and effort dealing with the claim—researching the rules,
preparing a defence, responding to the court, and chasing to
find out what was happening—only for the claimant to abandon the
case at the last possible moment.
That is conduct which has no reasonable explanation, and case
law says that is what counts as “unreasonable”. Because of that,
you can now ask the court to order the claimant to pay you for
the time you have wasted. As a litigant in person you can claim
at the guideline rate of £19 an hour for the hours you have
genuinely spent dealing with the case, together with modest
expenses like printing and postage. If the court insists that
you make a formal application, the application fee can also be
claimed back.
So although there was no hearing and no travel or loss of work
to claim, you are entitled to ask for your wasted time and
effort to be compensated, because the claimant pursued a
defective case and only dropped it on the eve of trial.
You can write a short, formal email to the court (FAO: Court
Manager/Listing, quoting the claim number and parties) asking
that, notwithstanding the N279, the file be placed before a
judge for a paper determination of the defendant’s costs under
CPR 27.14(2)(g). Attach a brief statement explaining the late
discontinuance, the defective pleadings and lack of witness
evidence, and an itemised litigant-in-person costs schedule
(hours at £19/hour plus modest disbursements). Copy Moorside
Legal and say you have done so.
Courts often will either deal with that on the papers or reply
directing you to issue an N244. There is no extra fee if the
judge considers it on the papers; the N244 route carries a fee,
which you should then ask to be added to any costs order. Act
promptly after the N279 so the file is still “live”
administratively. If the judge declines to act of their own
initiative (CPR 3.3), they will usually tell you to make a
formal application—at which point you file the N244 in the same
terms.
You can send the following to the court manager and make sure
you CC in Moorside Legal:
--- Quote ---
> Subject: Claim [Claim Number] – Request for Costs Assessment
Following Discontinuance
>
> Dear Court Manager,
>
> I write in respect of claim [Claimant] v [Defendant], claim
number [xxxx]. The Claimant filed a Notice of Discontinuance
(N279) on [date], approximately 24 hours before the listed
hearing on [hearing date].
>
> Throughout the proceedings the Claimant maintained particulars
of claim that did not comply with CPR 16.4(1)(a) and failed to
serve any witness statement in accordance with the court’s
directions. The Defendant was therefore denied a fair
opportunity to respond to a properly pleaded case. The Claimant
nevertheless paid the trial fee and allowed the matter to
proceed to the eve of the hearing before discontinuing.
>
> This conduct has put the Defendant to considerable time and
expense in researching the law, preparing the defence,
responding to the defective pleadings, and chasing the court for
updates. It is respectfully submitted that this amounts to
unreasonable behaviour within the meaning of CPR 27.14(2)(g) and
the authorities, in particular Dammermann v Lanyon Bowdler
[2017] EWCA Civ 269.
>
> The Defendant therefore invites the court to place the file
before a judge for a summary determination of costs under CPR
27.14(2)(g). An itemised schedule of time and disbursements is
attached, together with a short supporting statement.
>
> The Claimant’s representatives, Moorside Legal, have been
copied into this correspondence.
>
> Yours faithfully,
>
> [Defendant’s name]
--- End Quote ---
You would need to include the following with the email as PDF
attachments:
--- Quote ---
> Supporting statement (for paper costs determination)
>
> Claim No.: [xxxx]
> Parties: [Claimant] v [Defendant]
> Court: [County Court hearing centre]
>
> Defendant’s statement in support of costs under CPR
27.14(2)(g)
>
> 1. I am the Defendant. I make this statement in support of my
request for a summary assessment of my costs under CPR
27.14(2)(g) following the Claimant’s late discontinuance.
>
> 2. The Particulars of Claim were deficient and did not comply
with CPR 16.4(1)(a), in that they failed to set out a properly
particularised cause of action. My Defence was confined to that
pleading defect, and I could not serve a witness statement
unless and until the Claimant clarified its case by serving its
own evidence.
>
> 3. The court gave directions requiring witness evidence. The
Claimant served no witness statement. Notwithstanding that
failure, the Claimant paid the hearing fee and allowed the
matter to proceed until approximately 24 hours before the listed
hearing on [hearing date], when it filed a Notice of
Discontinuance (N279) on [date].
>
> 4. This sequence required me to spend significant time and
effort: reviewing and researching the rules, preparing and
filing a Defence, corresponding about the defective pleadings
and directions, and chasing the court for updates, only for the
claim to be abandoned on the eve of trial. In my submission,
that conduct has no reasonable explanation and amounts to
“unreasonable behaviour” within CPR 27.14(2)(g) as explained by
the Court of Appeal in Dammermann v Lanyon Bowdler [2017] EWCA
Civ 269.
>
> 5. Although CPR 38.6(3) limits costs consequences of
discontinuance on the small-claims track, CPR 27.14(2)(g)
permits the court to award “further costs” where a party has
behaved unreasonably. I therefore ask the court to summarily
assess my costs as a litigant in person at the guideline rate of
£19 per hour for time reasonably spent, together with modest
disbursements, as set out in the attached Schedule.
>
> If the court considers a formal application is required, I
respectfully invite a direction that any application fee be
added to the costs payable by the Claimant.
>
> Statement of Truth
>
> I believe that the facts stated in this supporting statement
are true. I understand that proceedings for contempt of court
may be brought against anyone who makes, or causes to be made, a
false statement in a document verified by a statement of truth
without an honest belief in its truth.
>
> Signed:
>
> Date:
>
> Name: [Defendant’s full name]
> Address/email: [service details]
--- End Quote ---
And here is a sample itemised schedule of costs. Make sure that
you don't exaggerate and be realistic on the amount of time
spent.
--- Quote ---
> Itemised schedule of costs (CPR 27.14(2)(g))
>
> Claim No.: [xxxx] — [Claimant] v [Defendant]
> Defendant: [name] (litigant in person)
> Hourly rate claimed: £19.00 (LiP guideline)
>
> Work done (reasonably caused by the Claimant’s conduct):
>
> [indent]1. Reviewing claim form and defective Particulars;
identifying CPR 16.4 issues – 2.0 h
> 2. Researching CPR 16/27/38 and relevant authorities;
considering case strategy – 4.0 h
> 3. Drafting and filing Defence focused on pleading defects –
3.0 h
> 4. Correspondence with Claimant/court re directions, witness
evidence and status; chasing court – 2.5 h
> 5. Preparing this costs request: chronology, supporting
statement, schedule – 1.5 h
>
> Subtotal time: 13.0 hours × £19.00 = £247.00[/indent]
>
> Disbursements (receipts available where indicated):
>
> [indent]• Printing/photocopying/postage for Defence and
correspondence: £[ ]
> • (If required) N244 application fee for costs following
discontinuance: £[ ][/indent]
>
> Total costs sought: £[247.00 + disbursements]
>
> Payment requested within 14 days of order.
>
> Signed:
>
> Date:
>
> Name: [Defendant’s full name]
--- End Quote ---
Are you going to go for it?
#Post#: 90550--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 18, 2025, 1:42 pm
---------------------------------------------------------
I can not see a downside, so yes I shall.
It seems fair and should help to hold Solicitors to acceptable
standards.
I will report back.
Before I press send. What do you see as worse case scenario for
me here? Loss of an application fee? Is this £39?
#Post#: 90589--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: b789
Date: September 19, 2025, 3:54 am
---------------------------------------------------------
Before you do anything, I just noticed a typo in the cover
letter to the court:
--- Quote ---
> The Defendant was therefore denied a fair opportunity to
respond to a properly poorly pleaded case.
--- End Quote ---
There is no fee if you send as is and the court accepts that you
have a valid argument. There is a possibility, that a judge may
require you to submit a formal application (N244) and that would
require a fee of £313 which you would get back if your costs
request is successful.
You do not have to continue if you think the risk is too great
if they require an N244 application. So, at least send in the
costs request and let's see what the court comes back with.
We had a very similar case recently where the court simply
ordered a costs hearing (no N244 required) and, in this case DCB
Legal, kept trying to offer small sums to settle the matter out
of court. We advised the defendant not to accept anything except
the modest cost claimed (around £130 if I remember) and if they
insisted on coming back with more and more offers that did not
match the costs claimed, they would increase the costs claim
because of the extra work in responding to the low offers being
made. Of course, they eventually paid up in full before the
hearing because they knew they would receive a spanking.
So, send the costs request as advised (correcting the typo I
highlighted) and let's see where it goes from there. You are
dealing with a firm of utterly incompetent wannabe legals and
they should understand that their unreasonable behaviour has
consequences.
#Post#: 90593--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 19, 2025, 4:07 am
---------------------------------------------------------
Understood. All sent 🤞
#Post#: 90596--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: disgruntchelt
Date: September 19, 2025, 4:14 am
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Who sent the notice of discontinuance? The court or moorside
legal. Did they actually discontinue or just tell you they were
so you didn’t turn up today to argue your case?
#Post#: 90602--------------------------------------------------
Re: Small claim court letter received. Observed leaving site
UKCPS Sheff
DIR By: Pauly436
Date: September 19, 2025, 4:29 am
---------------------------------------------------------
Moorside sent the notice of discontinuance by email.
I rang the court to check they had received it as well. I wanted
to check it wasn’t a sly tactic like you suggested.
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