Steven Orton v Barclays Bank UK PLC trading as Barclay Card

Steven Orton v Barclays Bank UK PLC trading as Barclay Card

The claimant's solicitors' failure to engage meaningfully with the defendant's correspondence and the late commercial decision to discontinue, despite having all relevant information earlier, constituted unreasonable conduct under CPR 27.14(2)(g). The District Judge's finding was not wrong or unjust, and the conduct caused compensable loss to the defendant.

Parties
Claimant/appellant: Steven Orton; Defendant/respondent: Barclays Bank UK PLC trading as Barclay Card
Jurisdiction
England and Wales
Judgment Date
27 March 2025
Procedural Posture
Civil Appeal / Judgment on Appeal Against Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs in Small Claims Track, Unreasonable Behaviour Under CPR 27.14(2)(g), Discontinuance of Claim, Appeal Procedure
Civil Procedure Consumer Credit Costs in Small Claims Track Unreasonable Behaviour Under CPR 27.14(2)(g) Discontinuance of Claim Appeal Procedure

Case Brief

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Parties

Steven Orton

Claimant/appellant

Barclays Bank UK PLC trading as Barclay Card

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether the District Judge was correct in finding unreasonable behaviour by the claimant under CPR 27.14(2)(g)
  2. 2 Whether the timing and reason for discontinuance constituted unreasonable conduct
  3. 3 Whether the claimant's conduct caused compensable loss to the defendant

Ratio Decidendi

The claimant's solicitors' failure to engage meaningfully with the defendant's correspondence and the late commercial decision to discontinue, despite having all relevant information earlier, constituted unreasonable conduct under CPR 27.14(2)(g). The District Judge's finding was not wrong or unjust, and the conduct caused compensable loss to the defendant.

Court Disposition

Appeal dismissed

Orders

  • District Judge's costs order upheld
  • Claimant to pay defendant's costs assessed at £2,132.88