Burns & Anor v Santander UK Plc [2014] Ew Misc B41 (CC) (07 March 2014)

The claim, based on its value and straightforward factual and legal issues, should have been allocated to the small claims track; therefore, the costs recoverable by the claimants are limited to those fixed costs recoverable in small claims, notwithstanding the Tomlin Order.

Citation: [2014] Ew Misc B41 (CC)
Parties: Claimant: Glenys Burns; Claimant: Paul Burns; Defendant: Santander UK PLC
Jurisdiction: England and Wales
Judgment Date: 07 March 2014
Procedural Posture: Civil / Costs Assessment Following Settlement by Tomlin Order
Outcome: Costs recoverable by claimants limited to fixed costs of small claims track.
Legal Topics: Mis Selling of Payment Protection Insurance, Costs Assessment, Small Claims Track Allocation, Unfair Relationship Under Consumer Credit Act 1974

Consumer Law Civil Procedure Mis Selling of Payment Protection Insurance Costs Assessment Small Claims Track Allocation Unfair Relationship Under Consumer Credit Act 1974

Case Brief

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Parties

Glenys Burns

Claimant

Paul Burns

Claimant

Santander UK PLC

Defendant

Procedural Posture

Civil / Costs Assessment Following Settlement by Tomlin Order

Legal Issues

1 Whether the costs recoverable by the claimants should be limited to those recoverable on the small claims track despite a Tomlin Order for costs
2 Whether the claim should have been allocated to the small claims track based on value and complexity

Ratio Decidendi

Court Disposition

Costs recoverable by claimants limited to fixed costs of small claims track.

Orders

Claimants' recoverable costs limited to those fixed costs that would have been recoverable had the case been allocated to the small claims track.