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RECOVERING COSTS IN THE SMALL CLAIMS TRACK – CONSIDERING “UNREASONABLE BEHAVIOUR”

RECOVERING COSTS IN THE SMALL CLAIMS TRACK – CONSIDERING “UNREASONABLE BEHAVIOUR” In a recent case, the Court of Appeal has considered when it might be appropriate to make an award of costs (over and above fixed costs) in Small Claims Track cases on the basis of unreasonable behaviour. Whilst declining to provide details of the circumstances which might give rise to such an award, the Court suggested that a similar approach to that adopted in wasted costs applications would be appropriate. The case was Dammerman v Lanyon Bowdler LLP [2017] EWCA Civ 269, which had begun life as a claim by a mortgagor complaining at the extent of the costs claimed by solicitors appointed on behalf of the mortg

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