You can now seek your costs for the strike-out (reasonable preparation time, postage, copying, etc.) as per CPR 44.2 and CPR 27.14(2)(g) for unreasonable conduct.
Keep the envelope showing the postmark (if there is one) and note the date you received the order — that sets the seven-day countdown for any set-aside, should the claimant try (unlikely). After that period expires without an application notice from the claimant, write to the court asking for confirmation that the strike-out is final and requesting a summary assessment of your costs.
7 days after the date of the order (add 2 days for service), send your schedule of costs as an attachment by email to the court (you will have to find their email using HMCTS Court Finder) and you CC Moorside Legal at help@moorsidelegal.co.uk and yourself as follows:
Subject: Claim no. [XXXX] – UKCPS Ltd v [Defendant] – Order striking out claim dated [date of order] – request for costs
Dear Sir or Madam,
I write as the Defendant in the above matter.
By General Form of Judgment or Order dated [date on the order], the Court ordered that, pursuant to CPR 3.4, the Claim is struck out. The Order further provided that any party wishing to apply to set aside, vary or discharge it must do so within seven days of service.
I received the Order on [date you received it]. The seven-day period for any application has now expired on [calculated expiry date], and I have not been served with any application by the Claimant, nor have I received any indication from the Court that such an application has been filed.
In those circumstances, I understand that the strike-out stands and that the proceedings are now at an end. I respectfully invite the Court to confirm that the strike-out is final and that there are no further hearings listed.
I also seek my costs of and occasioned by the Claimant’s conduct leading to the strike-out. A Schedule of Costs is attached to this email. I submit that the Claimant’s repeated failure to plead a coherent cause of action and failure to comply with the Court’s Order of 3 October 2025 amount to unreasonable conduct. I therefore ask the Court to summarily assess my costs, pursuant to CPR 27.14(2)(g) (if and in so far as the small claims track applies) and/or CPR 44.2 and the Court’s general case management powers pre-allocation.
I would be grateful if this request could be dealt with on the papers, if the Court considers that appropriate. If the Court requires any further information from me (including a brief witness statement exhibiting relevant correspondence and orders), I will provide it promptly.
Yours faithfully,
[Your full name]
[Your address]
[Your email]
Defendant
Attachment: Schedule of Costs – Defendant
And edit/amend this schedule of costs as necessary:
Claim no: [XXXX]
Parties: UKCPS Ltd (Claimant) v [Defendant] (Defendant)
Hearing: Claim struck out on paper by Order dated [date of strike-out order]
Track: Small claims (costs sought under CPR 27.14(2)(g)) and/or CPR 44.2
COSTS SCHEDULE
1. Litigant in Person time
The Defendant is a litigant in person and claims time costs under CPR 46.5 at the applicable litigant in person rate of £24 per hour.
1.1. Considering and responding to the original defective Particulars of Claim; preparing initial Defence focused on CPR 16.4 and PoC defects
Time: [X.X] hours
Subtotal: £[X.X × 24]
1.2. Considering the Court’s Order dated 3 October 2025 and the Claimant’s subsequent “Further Particulars of Claim” served on 20 October 2025; identifying non-compliance and PoFA/signage defects
Time: [X.X] hours
Subtotal: £[X.X × 24]
1.3. Drafting correspondence to the Court inviting the Court to give effect to the automatic strike-out and addressing the Claimant’s non-compliance and conduct
Time: [X.X] hours
Subtotal: £[X.X × 24]
1.4. Preparing this Schedule of Costs and associated administrative work
Time: [X.X] hours
Subtotal: £[X.X × 24]
Total time claimed: [Total hours] hours
Total time costs: £[Total time costs]
2. Postage, copying and incidental expenses
2.1. Printing and copying of Defence, exhibits, and correspondence
Estimated pages: [number] at [e.g. 10p] per page
Subtotal: £[ ]
2.2. Postage of documents to the Court and to the Claimant (Royal Mail)
Subtotal: £[ ]
Total disbursements: £[ ]
3. Total costs claimed
Total time costs: £[ ]
Total disbursements: £[ ]
Grand total: £[ ]
4. Basis of costs sought
The Defendant seeks these costs on the basis that the Claimant has acted unreasonably in:
4.1. Issuing a claim with defective and opaque Particulars of Claim that did not disclose a coherent cause of action.
4.2. Failing to comply with the Court’s Order dated 3 October 2025, which gave clear and final directions as to what was required and warned that non-compliance would result in a strike-out.
4.3. Necessitating the Defendant’s time and effort in highlighting the continuing non-compliance, leading to the claim being struck out under CPR 3.4.
In all the circumstances, the Defendant submits that it is just for the Court to make an order for costs in the attached sum, to be summarily assessed on the papers.
Signed: [Your name]
Date: [date]
