Hello, thanks for your question.
Have you issued a small claim to recover the costs of the aborted need for an injunction?
Okay, if anything, the cases are against you on that point. They say that costs pre-action should only be recoverable where it was then necessary go ahead and issue proceedings.
The closet I can think of that may help is a 2011 Court of Appeal case, which says you can get pre-action costs when a Part 36 offer is accepted. See this: http://www.ashurst.com/publication-item.aspx?id_Content=7469
However, this is different.
Part 36 offers are part of the court rules and they specifically talk about costs.
However there have been conflicting decisions from the courts about this and so it can be a bit hit and miss.
thanks will check it out
Is there anything else I can assist with?
on a scale of 1 to 10 what do you think our chances are?
In all honestly, pretty low, perhaps 3/4 out of 10, but it's small claims, and believe me, anything can happen there!
Is there anything more I can answer for you?