MIL Collections Limited v My Shop 4 Ltd & Ors

MIL Collections Limited v My Shop 4 Ltd & Ors

Where a Fast Track claim is struck out before trial for breach of an unless order, each defendant is entitled to fixed costs under Table 12(B)(2) PD45, subject to the litigant in person cap and assessment under CPR 46.5; the stage is determined by the date of strike out relative to trial listing.

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
07 April 2025
Procedural Posture
Civil Debt Recovery / Costs Judgment After Automatic Strike Out for Non Compliance With Unless Order
Outcome
Costs awarded to all defendants following strike out of claim for non-compliance with unless order.
Legal Topics
Fixed Recoverable Costs, Strike Out, Relief From Sanctions, Litigants in Person, Debt Assignment, Unless Orders
Civil Procedure Contract Law Fixed Recoverable Costs Strike Out Relief From Sanctions Litigants in Person Debt Assignment Unless Orders

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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 / Costs Judgment After Automatic Strike Out for Non Compliance With Unless Order

Legal Issues

  1. 1 Do fixed costs under Table 12 PD45 apply where a claim is struck out?
  2. 2 What is the applicable stage under Table 12 for costs?
  3. 3 Are multiple defendants each entitled to fixed costs?

Ratio Decidendi

Where a Fast Track claim is struck out before trial for breach of an unless order, each defendant is entitled to fixed costs under Table 12(B)(2) PD45, subject to the litigant in person cap and assessment under CPR 46.5; the stage is determined by the date of strike out relative to trial listing.

Court Disposition

Costs awarded to all defendants following strike out of claim for non-compliance with 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.