Steven Orton v Barclays Bank UK PLC

Facts

In 2004 the appellant, Mr Steven Orton, entered into a credit agreement with the respondent, Barclays Bank UK plc, and took out a Payment Protection Insurance policy to cover his repayments. Unknown to him, Barclays received commission of between 59.7% and 84.6% of the monthly premia. The policy ended in 2010, though the credit relationship continued. Following a mis-selling complaint in 2012 and a further complaint made on his behalf by a claims management company by letter dated 9 April 2019 relying on Plevin v Paragon Personal Finance Ltd, Barclays confirmed that commission had been paid and offered redress, which was paid. That payment did not cover his full losses, and in July 2023 he brought a claim for the balance of roughly £2,750 plus interest under sections 140A-B of the Consumer Credit Act 1974. The claim was allocated to the small claims track. Barclays' solicitors sent a series of "invitations to discontinue" backed by deadlines, and twelve days before the listed trial the appellant discontinued, describing it as a commercial decision. District Judge Lindsay found the discontinuance unreasonable and ordered costs of £2,132.88 under rule 27.14(2)(g) of the Civil Procedure Rules; HHJ Robinson BEM dismissed the appellant's appeal.