Who sent the notice of discontinuance? The court or moorside legal. Did they actually discontinue or just tell you they were so you didn’t turn up today to argue your case?
Notice of Discontinuance Was sent to me by email 24hours and 15 minutes before the court hearing.
The NoD is sent by the claimant or their legal representative. An N279 is not issued by the court.
On a separate note, there has been a very recent High Court appeal decision, which will be binding, that could affect every single one of these bulk litigators, especially Moorside Legal who are one of the most incompetent of them all.
Mazur & Stuart v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), Sheldon J (16 Sept 2025) (https://www.dropbox.com/scl/fi/avemaaeatg8znf97gix8m/Mazur-and-Ors-v-CRS-LLP.pdf?rlkey=ijv0ibxmz7ok6vrgwcvfdqpob&st=t7kweh3l&dl=0) is a high-authority clarification that paralegals/non-admitted staff cannot conduct litigation merely because their firm is authorised; they may only support an authorised litigator.
In these types of cases, you can target any paralegal-signed formal steps (claim issue, SoTs, WS purporting to take responsibility) and seek regularisation plus costs. In this particular case, the N1SDT is signed by an Ibrar Ahmad. Whilst Mr Ahmad is listed as an SRA regulated solicitor, it shows him as employed by Osbourne Pinner Ltd, not Moorside Legal. The only SRA regulated employees of Moorside Legal are Adam Edward Peacock who is not an SRA-regulated lawyer, working as Compliance officer for finance and administration (COFA), Rebecca Horton-Grainger who is an SRA-regulated solicitor and is Compliance officer for legal practice (COLP) and a Thomas Oliver Clough who is an SRA-regulated solicitor.
Given that Moorside Legal’s SRA entry lists only Rebecca Horton-Grainger (COLP) and Thomas Oliver Clough as its solicitors, if the N1SDT claim is signed “for Moorside Legal” by Ibrar Ahmad whose SRA record shows he “works at Osbourne Pinner Ltd”, there’s a clear authority mismatch.
A statement of case/SoT may be signed by the party or their legal representative (CPR 22; PD22). The legal representative must be the lawyer acting for the claimant through the firm on the record. A practising solicitor (like Mr Ahmad) is personally authorised to conduct litigation, but if he signs on behalf of Moorside Legal, he must have a proper practising relationship/authority with Moorside (employee/partner/consultant/secondment).
Unless Moorside can evidence that Mr Ahmad was acting through/for Moorside when he signed, this is a solid authority defect and will affect their liability for costs.
I suggest you send the following email to Rebecca Horton-Grainger at Moorside Legal:
Subject: Claim [Claim No.] – Confirmation of Mr Ibrar Ahmad’s authority (March 2025)
Dear Ms Horton-Grainger,
Re: UKCPS Ltd v [Defendant’s name] — Claim No. [____]; issued 13 March 2025]
For the purpose of a pending costs application following the Claimant’s late discontinuance, please confirm the following in relation to the above claim:
1. Whether Mr Ibrar Ahmad was employed by, seconded to, or acting as a consultant for Moorside Legal as at 13 March 2025; and
2. Whether Mr Ahmad was authorised by Moorside Legal to sign N1SDT claim forms and/or statements of truth on that date.
A brief yes/no to each point (or a short confirmation on letterhead) will suffice.
This request is made to clarify authority at the material time, in light of the recent High Court guidance on conduct of litigation by authorised persons.
I would be grateful for your reply within 7 days from today. If no response is received by that date, the Court may be invited to note the absence of confirmation when considering costs.
Yours faithfully,
[Full name]
Defendant
[Email] | [Telephone]
[Postal address]
@Pauly436, you can go one better...
You can still ask the court to award you costs, even though the claim was discontinued before the hearing. Normally, in the small claims track each side pays their own costs, but there is an exception in the rules. Rule 27.14(2)(g) says that if a party behaves unreasonably, the court can order them to pay the other side’s costs.
Here the claimant issued a defective claim that never complied with CPR 16.4 because it did not properly set out a cause of action. They then failed to serve any witness evidence in line with the court’s directions, even though they paid the hearing fee and kept the case going until just twenty-four hours before the hearing. At that point they filed a notice of discontinuance. That sequence of events meant you had to spend time and effort dealing with the claim—researching the rules, preparing a defence, responding to the court, and chasing to find out what was happening—only for the claimant to abandon the case at the last possible moment.
That is conduct which has no reasonable explanation, and case law says that is what counts as “unreasonable”. Because of that, you can now ask the court to order the claimant to pay you for the time you have wasted. As a litigant in person you can claim at the guideline rate of £19 an hour for the hours you have genuinely spent dealing with the case, together with modest expenses like printing and postage. If the court insists that you make a formal application, the application fee can also be claimed back.
So although there was no hearing and no travel or loss of work to claim, you are entitled to ask for your wasted time and effort to be compensated, because the claimant pursued a defective case and only dropped it on the eve of trial.
You can write a short, formal email to the court (FAO: Court Manager/Listing, quoting the claim number and parties) asking that, notwithstanding the N279, the file be placed before a judge for a paper determination of the defendant’s costs under CPR 27.14(2)(g). Attach a brief statement explaining the late discontinuance, the defective pleadings and lack of witness evidence, and an itemised litigant-in-person costs schedule (hours at £19/hour plus modest disbursements). Copy Moorside Legal and say you have done so.
Courts often will either deal with that on the papers or reply directing you to issue an N244. There is no extra fee if the judge considers it on the papers; the N244 route carries a fee, which you should then ask to be added to any costs order. Act promptly after the N279 so the file is still “live” administratively. If the judge declines to act of their own initiative (CPR 3.3), they will usually tell you to make a formal application—at which point you file the N244 in the same terms.
You can send the following to the court manager and make sure you CC in Moorside Legal:
Subject: Claim [Claim Number] – Request for Costs Assessment Following Discontinuance
Dear Court Manager,
I write in respect of claim [Claimant] v [Defendant], claim number [xxxx]. The Claimant filed a Notice of Discontinuance (N279) on [date], approximately 24 hours before the listed hearing on [hearing date].
Throughout the proceedings the Claimant maintained particulars of claim that did not comply with CPR 16.4(1)(a) and failed to serve any witness statement in accordance with the court’s directions. The Defendant was therefore denied a fair opportunity to respond to a properly pleaded case. The Claimant nevertheless paid the trial fee and allowed the matter to proceed to the eve of the hearing before discontinuing.
This conduct has put the Defendant to considerable time and expense in researching the law, preparing the defence, responding to the defective pleadings, and chasing the court for updates. It is respectfully submitted that this amounts to unreasonable behaviour within the meaning of CPR 27.14(2)(g) and the authorities, in particular Dammermann v Lanyon Bowdler [2017] EWCA Civ 269.
The Defendant therefore invites the court to place the file before a judge for a summary determination of costs under CPR 27.14(2)(g). An itemised schedule of time and disbursements is attached, together with a short supporting statement.
The Claimant’s representatives, Moorside Legal, have been copied into this correspondence.
Yours faithfully,
[Defendant’s name]
You would need to include the following with the email as PDF attachments:
Supporting statement (for paper costs determination)
Claim No.: [xxxx]
Parties: [Claimant] v [Defendant]
Court: [County Court hearing centre]
Defendant’s statement in support of costs under CPR 27.14(2)(g)
1. I am the Defendant. I make this statement in support of my request for a summary assessment of my costs under CPR 27.14(2)(g) following the Claimant’s late discontinuance.
2. The Particulars of Claim were deficient and did not comply with CPR 16.4(1)(a), in that they failed to set out a properly particularised cause of action. My Defence was confined to that pleading defect, and I could not serve a witness statement unless and until the Claimant clarified its case by serving its own evidence.
3. The court gave directions requiring witness evidence. The Claimant served no witness statement. Notwithstanding that failure, the Claimant paid the hearing fee and allowed the matter to proceed until approximately 24 hours before the listed hearing on [hearing date], when it filed a Notice of Discontinuance (N279) on [date].
4. This sequence required me to spend significant time and effort: reviewing and researching the rules, preparing and filing a Defence, corresponding about the defective pleadings and directions, and chasing the court for updates, only for the claim to be abandoned on the eve of trial. In my submission, that conduct has no reasonable explanation and amounts to “unreasonable behaviour” within CPR 27.14(2)(g) as explained by the Court of Appeal in Dammermann v Lanyon Bowdler [2017] EWCA Civ 269.
5. Although CPR 38.6(3) limits costs consequences of discontinuance on the small-claims track, CPR 27.14(2)(g) permits the court to award “further costs” where a party has behaved unreasonably. I therefore ask the court to summarily assess my costs as a litigant in person at the guideline rate of £19 per hour for time reasonably spent, together with modest disbursements, as set out in the attached Schedule.
If the court considers a formal application is required, I respectfully invite a direction that any application fee be added to the costs payable by the Claimant.
Statement of Truth
I believe that the facts stated in this supporting statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
Name: [Defendant’s full name]
Address/email: [service details]
And here is a sample itemised schedule of costs. Make sure that you don't exaggerate and be realistic on the amount of time spent.
Itemised schedule of costs (CPR 27.14(2)(g))
Claim No.: [xxxx] — [Claimant] v [Defendant]
Defendant: [name] (litigant in person)
Hourly rate claimed: £19.00 (LiP guideline)
Work done (reasonably caused by the Claimant’s conduct):
1. Reviewing claim form and defective Particulars; identifying CPR 16.4 issues – 2.0 h
2. Researching CPR 16/27/38 and relevant authorities; considering case strategy – 4.0 h
3. Drafting and filing Defence focused on pleading defects – 3.0 h
4. Correspondence with Claimant/court re directions, witness evidence and status; chasing court – 2.5 h
5. Preparing this costs request: chronology, supporting statement, schedule – 1.5 h
Subtotal time: 13.0 hours × £19.00 = £247.00
Disbursements (receipts available where indicated):
• Printing/photocopying/postage for Defence and correspondence: £[ ]
• (If required) N244 application fee for costs following discontinuance: £[ ]
Total costs sought: £[247.00 + disbursements]
Payment requested within 14 days of order.
Signed:
Date:
Name: [Defendant’s full name]
Are you going to go for it?
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
A claim issued through MCOL is deemed served five days after the issue date. So, the clock doesn't start running until the 5th day after the issue date. Any deadline that falls on a weekend or bank holiday is moved to the next working day. So, you have more time than you think.
With an issue date of 13th March, you have until 4pm on Tuesday 1st April to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Tuesday 15th April to submit your defence.
If you want to submit an AoS then follow the instructions in this linked PDF:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you send all the documents as a single PDF attachment (in the order of 'defence', 'draft order' and then the 2 'transcripts') in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of UKCPS Ltd v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
UKCPS Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.
5. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4.(1)(a). The judge noted that the claimant had failed to:
(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.
6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
Draft Order for the defence (https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0)
CEL v Chan Transcript (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0)
CPMS v Akande Transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0)
If you want an editable MS Word file with everything in a single document which you can then save/export as a single PDF file when ready to send, use this:
MS Word .docx file for defence [CPR 16.4(1)(a)] (https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0)