MIL Collections Ltd v My Shop 4 Ltd & Ors [2025] EWCC 38 (04 July 2025)

MIL Collections Ltd v My Shop 4 Ltd & Ors [2025] EWCC 38 (04 July 2025)

Where a Fast Track claim is struck out for breach of an unless order, each defendant is entitled to fixed recoverable costs under Table 12(B)(2) of PD45, or two-thirds thereof if a litigant in person, subject to assessment under CPR 46.5. The consolidation of claims does not deprive individual defendants of their...

Source-derived case information.

Citation
[2025] EWCC 38
Parties
Claimant: MIL Collections Limited; Defendant: My Shop 4 Ltd; Defendant: Defendant 2; Defendant: Defendant 3; Defendant: Defendant 4; Defendant: Defendant 5; Defendant: Defendant 6; Defendant: Defendant 7; Defendant: Defendant 8; Defendant: Defendant 9; Defendant: Defendant 10; Defendant: Defendant 11; Defendant: Defendant 12; Defendant: Defendant 13
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Civil Debt Recovery / Post Strike Out, Costs Determination Following Breach of Unless Order
Outcome
Costs awarded to all defendants following strike out of claim for breach of unless order.
Legal Topics
Fixed Recoverable Costs, Strike Out, Unless Order, Litigants in Person, Costs Assessment
Civil Procedure Debt Recovery Fixed Recoverable Costs Strike Out Unless Order Litigants in Person Costs Assessment

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Parties

MIL Collections Limited

Claimant

My Shop 4 Ltd

Defendant

Defendant 2

Defendant

Defendant 3

Defendant

Defendant 4

Defendant

Defendant 5

Defendant

Defendant 6

Defendant

Defendant 7

Defendant

Defendant 8

Defendant

Defendant 9

Defendant

Defendant 10

Defendant

Defendant 11

Defendant

Defendant 12

Defendant

Defendant 13

Defendant

Procedural Posture

Civil Debt Recovery / Post Strike Out, Costs Determination Following Breach of Unless Order

Legal Issues

  1. 1 Whether fixed costs under Table 12 of PD45 apply to claims struck out for breach of unless order
  2. 2 How fixed costs are to be calculated where there are multiple defendants and some are litigants in person
  3. 3 Whether unrepresented defendants are entitled to costs and in what amount

Ratio Decidendi

Where a Fast Track claim is struck out for breach of an unless order, each defendant is entitled to fixed recoverable costs under Table 12(B)(2) of PD45, or two-thirds thereof if a litigant in person, subject to assessment under CPR 46.5. The consolidation of claims does not deprive individual defendants of their entitlement to costs. Table 1 interim application costs do not apply to the conclusion of the claim as a whole.

Court Disposition

Costs awarded to all defendants following strike out of claim for breach of unless order.

Orders

  • Claimant to pay each of the 12th and 13th Defendants £1,720.67 within 14 days.
  • Claimant to pay each of the 1st to 11th Defendants £133.00 within 14 days.