08-09-2026, 09:23 AM
@Barbudaprince, no, you do not need to have counterclaimed in order to recover your costs if you successfully defend the claim.
A counterclaim would be a separate claim by you against UKCPM for some independent cause of action. Unless you actually have such a claim, there is no reason to worry about not ticking the counterclaim box.
Costs are different. If UKCPM's claim is dismissed, you can ask the judge for the costs you are entitled to under the small-claims rules. That can include your reasonable travel expenses and loss of earnings or loss of leave for attending the hearing, subject to the applicable CPR 27.14 limit. Keep evidence of what each hearing has actually cost you.
More importantly in your particular case, remember what happened on 29 April. That hearing had to be adjourned because the judge did not have the claimant's detailed Particulars and their representative could not demonstrate that they had been properly filed with the court. The judge expressly indicated that the issue could have consequences for costs. So keep a record of the time off work, travel and other expenditure associated with that wasted hearing as well.
There is also CPR 27.14(2)(g), which allows the court to award further costs where a party has behaved unreasonably. That is a higher threshold and is not automatic merely because you win. However, if you ultimately succeed, we can prepare a short costs schedule and ask the judge to consider the claimant's conduct as a whole, including the wasted first hearing and any other unreasonable conduct evidenced by then.
As for their escalating £510 → £650 → £709 figures, you were quite right to ask for a breakdown. They cannot simply recover whatever figure BW Legal happens to put at the top of its latest letter. Ultimately it is the court, not BW Legal, that determines what the claimant is legally entitled to recover.
A counterclaim would be a separate claim by you against UKCPM for some independent cause of action. Unless you actually have such a claim, there is no reason to worry about not ticking the counterclaim box.
Costs are different. If UKCPM's claim is dismissed, you can ask the judge for the costs you are entitled to under the small-claims rules. That can include your reasonable travel expenses and loss of earnings or loss of leave for attending the hearing, subject to the applicable CPR 27.14 limit. Keep evidence of what each hearing has actually cost you.
More importantly in your particular case, remember what happened on 29 April. That hearing had to be adjourned because the judge did not have the claimant's detailed Particulars and their representative could not demonstrate that they had been properly filed with the court. The judge expressly indicated that the issue could have consequences for costs. So keep a record of the time off work, travel and other expenditure associated with that wasted hearing as well.
There is also CPR 27.14(2)(g), which allows the court to award further costs where a party has behaved unreasonably. That is a higher threshold and is not automatic merely because you win. However, if you ultimately succeed, we can prepare a short costs schedule and ask the judge to consider the claimant's conduct as a whole, including the wasted first hearing and any other unreasonable conduct evidenced by then.
As for their escalating £510 → £650 → £709 figures, you were quite right to ask for a breakdown. They cannot simply recover whatever figure BW Legal happens to put at the top of its latest letter. Ultimately it is the court, not BW Legal, that determines what the claimant is legally entitled to recover.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
