CIVIL ENFORCEMENT LIMITED ORDERED TO PAY £3,064.94 OF COSTS INCURRED BY OUR CLIENT.
This is a case where a default judgement was obtained against our client by Civil Enforcement Limited (“CEL”) Briefly, the claim form was served to an address at which our client was no longer residing. After becoming aware of the judgement, our client made an application to set aside the judgement under the discretionary ground as litigant in person.
At the late stage of his application, we were contacted for assistance, however as the matter was not allocated to small claim track, we recommended him to instruct our solicitor partner Lawrence and Associates Solicitors. We also recommended him to add a strike out and summary judgement application because the particulars of claim did not comply with CPR 16.4(1)(e), PD 16.7.5 and the notice to Keeper was defective.
At the hearing of his application, CEL consented to the set aside application and expressed their intention to discontinue the claim. The Court then urged both parties to settle and reserved costs.
The Claim was finally discontinued but the CEL was not prepared to pay costs incurred by our client. Following this, an application for costs was made which awarded the total sum of £3, 064. Our client was represented by Mr Jackson Yamba on behalf of Lawrence and Associates Solicitors.