Trinity's Fraser Williamson successfully secured the strike out of a housing disrepair claim on the day of trial, having been instructed by the City of Doncaster Council.
The claim involved allegations of housing disrepair against the local authority landlord. Fraser made an application on behalf of the Council seeking to strike out the claim due to the Claimant's failure to comply with the Court's directions and the absence evidence capable of proving the essential elements of the claim.
It was submitted that the Claimant had failed to adduce the factual evidence necessary to establish the alleged defects, notice to the landlord, the duration of any disrepair, causation and loss. Fraser argued that pleadings and unsupported allegations were insufficient to discharge the burden of proof and that the claim was incapable of succeeding in the absence of admissible witness evidence.
The Court accepted those submissions and struck out the claim on the day of trial.
Further, the Court found that the Claimant had acted unreasonably in pursuing the proceedings. Despite failing to comply with procedural obligations and failing to place the necessary evidence before the Court, the Claimant had continued to advance the claim, requiring the Defendant to prepare for and attend trial.
The Court therefore departed from the usual costs position applicable to small claims proceedings and ordered the Claimant to pay the Defendant's costs on the basis of unreasonable conduct, totalling over £10,000.
The decision serves as an important reminder of the need for parties to comply with Court directions and to ensure that claims are properly evidenced before proceeding to trial. It also demonstrates the willingness of the Courts to impose adverse costs consequences where litigants pursue claims unreasonably and in disregard of their procedural obligations.
Fraser has a growing practice in housing and local government litigation and regularly acts for local authorities, registered providers and landlords in housing disrepair claims, possession proceedings, injunction applications, anti-social behaviour matters and wider County Court litigation.