Orton v Barclays Bank UK PLC Trading as Barclay Card [2025] EWCC 12 (27 March 2025)

The claimant's conduct in discontinuing the claim for commercial reasons on 7 June 2024, after repeated invitations to discontinue and failure to engage with substantive correspondence, lacked reasonable explanation and amounted to unreasonable behaviour under CPR 27.14(2)(g), justifying a costs order.

Citation: [2025] EWCC 12
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: Small Claims Track Appeal (costs Order) / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Costs on Small Claims Track, Unreasonable Behaviour Under CPR 27.14(2)(g), Discontinuance, Consumer Credit Act 1974 S.140 a

Civil Procedure Consumer Credit Costs on Small Claims Track Unreasonable Behaviour Under CPR 27.14(2)(g) Discontinuance Consumer Credit Act 1974 S.140 a

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Steven Orton

Claimant/appellant

Barclays Bank UK PLC trading as Barclay Card

Defendant/respondent

Procedural Posture

Small Claims Track Appeal (costs Order) / Appeal Judgment

Legal Issues

1 Whether the District Judge was correct to find unreasonable conduct by the claimant under CPR 27.14(2)(g)
2 Whether timing and reason for discontinuance amount to unreasonable behaviour warranting a costs order

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Costs order against claimant upheld; claimant to pay defendant £2,132.88 as summarily assessed by District Judge