Description
Claimant limited to costs recoverable in the Small Claim Track: In a claim where the claimant had claimed damages for credit hire but the claim had failed at trial because the judge had held that the claim should properly have been brought for loss of profits, HHJ Oliver-Jones QC held that prior to a Part 36 offer by the defendant, the claimant should be limited to the costs recoverable under CPR 27 as, had the claim been pleaded correctly in the first place, it would have been allocated to the Small Claims Track rather than the Multi-Track and would probably have settled.
