£14,000 unreasonable conduct costs awarded on the Small Claims Track – Sophie Phillips represents the successful Claimant
Park Square BarristersThe case related to claim for unjust enrichment in the sum of just under £6,500.00. It concerned a dispute between an insurance company and their insured driver who had been unjustly enriched by retaining the Pre-Accident Value for his vehicle.
The case had quite an extensive procedural history and dated back to 2019 when the claim was first issued. There were also a number of previous adjournments (including the trial hearing) due to issues with documents not being filed and served by the defendant. This procedural history meant that the claimant had incurred significant costs as a result of the defendant’s conduct.
At the adjourned trial hearing, the Defendant failed to attend the hearing.
The Judge was satisfied on the evidence that the claimant had proved it’s claim and gave judgment for the claimant.
As to the issue of costs, the Judge indicated that he was weary to enter into a summary assessment of the costs given that this was a small claims matter and fixed costs are the usual outcome.
However, the claimant made an application under CPR 27.14(2)(g) for the court to award “such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.”
It was outlined to the Judge that the defendant had acted unreasonably has he had actively defended the proceedings from inception but then failed to attend the trial hearing. On the date of the adjourned trial hearing, the defendant had still not provided any evidence to support his defence. Further, there had been a clear history of trying to delay the proceedings which meant that the claimant had incurred costs which were wholly disproportionate to the value of the claim.
Following these submissions, the Judge agreed that the defendant’s conduct had been unreasonable and that this conduct resulted in increased costs within the litigation. The claimant’s costs were awarded in full totalling just under £14,000.00.
Sophie has particular experience in dealing with claims arising from Road Traffic incidents and accepts instructions to draft pleadings and advices on liability and/or quantum.
She is regularly instructed in credit hire matters, undertaking both claimant and defendant work. She has a good practical understanding of this area of law which is aided by her in-depth knowledge of the case law and ensuring she is up to date with all new developments.
If you would like to book Sophie, please contact one of her clerks:
Senior Clerk – Andy Reeves on 0113 213 5252
Talia Webster on 0113 202 8609