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Thomas Judge
Thomas Judge, Solicitor
Category: UK Employment Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I made application to set aside a default cost on the basis

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I made application to set aside a default cost on the basis that I never received notice of commencement of assessment of bill of cost. The respondent had not prove of it order than his own envelope he has used to post it. In the service information it says it was served to the respondent instead of the claimant, yet the the judge said he believed them pointing to the envelope with the responted stamp/date on it. However he set it aside for me to pay 6k to the court within 21days otherwise I pay the whole cost. I told him it was not fair that the responded has responsiblity to have such document for that high amount registered or at least recorded.What are my chances of appealing this? The cost officer said he could not undertand me-as a self litigiant
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What evidence did he hear
Customer: replied 3 years ago.


Front page of envelope they posted.

The Judge is allowed on the evidence to come to a view and the court above will rarely disagree or allow for an appeal. If however you state that the Judge did not understand you then that is potentially an appeal ground - the risk of course with any appeal is that the costs will increase - on the postal point the Judge is however allowed to support their view on this matter having seen statements or heard evidence -I am afraid that he has that discretion.

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Customer: replied 3 years ago.

No only did he say he did not understand me. I wrote on the statement I gave to him that the opponent cost was a wasted cost and inveigled me to say how much I think the cost would be. I belived that I would need a legal advice for that question and not possible to come up with details of such account on the sport. After persistently asking me I mentioned a figure to which he came back to say that I admitted I owed something when my notes say wasted cost in about three place.


I think he was partial and did not received justice he had favoured the other counsel----- will these add to grounds of appeal?


 

If you do not consider that you had a fair trial then you can attempt to advance an Article 6 point - but I still would have concerns about appealing - particularly in light of the costs

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Customer: replied 3 years ago.

What article 6 point?

Article 6 of European Court of Human Rights - right to a 'fair trial'

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Customer: replied 3 years ago.

How do I start this to meet the deadline

This is a new question. I am not sure what you are asking. Please rate previous question and I will try and help if I can
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Customer: replied 3 years ago.

How do I advance article 6 in this case

You would include it as one of the grounds of your appeal - basically that the Judge did not understand what you were saying
Customer: replied 3 years ago.

Would that save cost if it goes against me than through the normal appeal route?

No it would be part of the same process just another ground
Customer: replied 3 years ago.

Is there special process or application form for article 6?

No it merely an additional ground to your appeal process and part of the standard appeal document
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Customer: replied 3 years ago.

In what manners will article 6 be dealt with? and will the hearing be in UK?

Yes this is merely another ground to your appeal (another paragraph in the document) and would be considered by the appeal judge in the uk

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Customer: replied 3 years ago.

The follow up on this is that the judge allowed my application to be set aside for few weeks pending compliance of payment of money to the court and at the same time granting the respondent cost which he had asses as inflated by the respondent.


Was the judge right to assessed this cost when the order is still within the compliance period.?

-Could you explain your situation a little more?

Customer: replied 3 years ago.

my application to set aside a default cost was upheld for three week on condition I pay money to the court being two third of the total default. The judge had already awarded cost against me pending without waiting for the terms of the condition to expire.


Is this normal practice or error on judge part.?

Aren't the costs based on the original application rather than your default. If so then this is allowed on the basis that the judge summarily assessed those costs.
Customer: replied 3 years ago.

The cost was for the hearing of the day and had nothing to the default cost

They would then be normally entitled to their costs on any hearing where they are successful
Customer: replied 3 years ago.

They will be successful only if I failed to meet the deadline of the condition set in the order and I am still within time. Why set the the cost and would like be able to challenge this ?

Yes, but you will need to now the actual reasons as to why the judge gave the costs order before you can consider appealing the order
Customer: replied 3 years ago.

He set aside with condition to pay within days and I am still within the time scale. How do I know the reason unless he speculated that I may never find the money to pay or able to appeal his decision. How do I know his reasons.


 

You are entitled to seek facts and reasons from the court as to the decision and the basis of that decision. You are entitled to this as basically where appropriate this is the thing you appeal
Customer: replied 3 years ago.

On occasion at the hearing when I asked him the reason for his decision he replied. I believed them if you don't like it you can appeal it. What do I?

I would be minded to contact the court and ask for a copy of the Judge's reasons for the decision which he made at the hearing. You need to be clear about what these are being appealing.

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Customer: replied 3 years ago.

His order at the hearing contradicts the orders sent through the post as well. Can this be a good reason for the appeal?

Potentially as obviously the tape recording will clearly be different from what has been written.

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