Q&As

Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 16/04/2021

The following Dispute Resolution Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Can a defendant recover their costs of a successful strike out application in a small claims track case or is it necessary to demonstrate that there has been unreasonable conduct?

Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14.

CPR 27.14 states that in a small claim case, the court 'may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those related to an appeal' except in certain specified circumstances.

The specified circumstances where the court can order a party to pay another’s costs in a small claims case are listed in CPR 27.14(2). They include particular costs which can be recovered such as any fixed c

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