06-26-2026, 08:58 AM
@dimebagslash, I have now checked why there was no order as to costs. The answer is that, although the costs request was included in the bundle and draft order, it was not actually raised at the hearing.
The Claimant was never going to raise it, because they had lost and any costs order would certainly have gone against them. However, the court will not usually deal with costs of its own motion in a situation like this unless the issue is specifically raised by one of the parties.
So, although the costs point was before the court in writing, that did not guarantee the judge would deal with it automatically. In a short application hearing, the judge will usually focus on the live issue that actually determines the outcome. In your case, that was whether the claim had ever been validly served. Once the judge found that it had not and struck the claim out, that effectively disposed of the application. If costs were not then specifically asked for orally, they may simply not have been dealt with.
That is why the sealed order is silent on costs. It does not necessarily mean the judge overlooked the bundle. It just means the issue of costs was simply not separately pressed at the point when the order was made.
The important point remains that you won the application, the CCJ has been set aside, and the claim has been struck out.
The Claimant was never going to raise it, because they had lost and any costs order would certainly have gone against them. However, the court will not usually deal with costs of its own motion in a situation like this unless the issue is specifically raised by one of the parties.
So, although the costs point was before the court in writing, that did not guarantee the judge would deal with it automatically. In a short application hearing, the judge will usually focus on the live issue that actually determines the outcome. In your case, that was whether the claim had ever been validly served. Once the judge found that it had not and struck the claim out, that effectively disposed of the application. If costs were not then specifically asked for orally, they may simply not have been dealt with.
That is why the sealed order is silent on costs. It does not necessarily mean the judge overlooked the bundle. It just means the issue of costs was simply not separately pressed at the point when the order was made.
The important point remains that you won the application, the CCJ has been set aside, and the claim has been struck out.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
