Question 1 of 10

You represent the Defendant at trial in the County Court in respect of a breach of contract claim worth £20,000. The Judge gives judgment in favour of the Claimant for the full amount. The Judge comments that had the parties engaged in ADR prior to the commencement of proceedings, issues could have been narrowed and costs potentially saved,The Defendant tells you that at the pre-action stage he offered an opportunity to mediate but the claimant failed to respond. The Defendant wants to know if this can be taken into account when considering costs.Which of the following is the correct advice to give the defendant ?

A. As the claimant has been successful in the claim the court must follow the general rule and order the defendant to pay all of the claimant’s costs. B. On considering what order to make on costs the conduct of the parties is only relevant after the proceedings were commenced as the court cannot disallow pre-action costs. C. On considering what order to make on costs the conduct of the parties before proceedings were commenced, including the extent to which they complied with the Practice Direction – Pre-Action Conduct and Protocols, as well as their conduct during the proceedings will be taken into account. The Judge may disallow some of the claimant’s costs for failing to respond to a invitation to engage in ADR. D. On considering what order to make on costs the conduct of the parties before and after the proceedings were commenced is relevant, but only if the receiving party exaggerated their claim which increased costs.