Voice and Script International v Ashraf Alghafar [2003] EWCA Civ 736, Court of Appeal
Principle: Claimants will not benefit from incorrect allocation of cases, e.g. small claims cases in fast track, when assessing costs where the incorrect allocation was as a result of their own mistakes paying service to the importance of proportionality in the exercise of discretion on costs.
In this case, small claims costs were awarded on appeal where the Claimant had incorrectly valued his claim above the small claims threshold due to double counting and a failure to account for exchange rates.
Comment: this is distinct from a claim that is properly brought but subsequently falls below the relevant allocation threshold on inadequate evidence.
*Complete the online enquiry form and see if I can help you.*
Taj Uddin, MA Oxon
Practising in London and the South (Salisbury to Brighton, Oxford to IoW)
Taj Uddin, Barrister (2010) 