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Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 2500
Experience:  LLB, LPC, DELF
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I recently lost a civil case and was ordered to pay 60% of

Resolved Question:

I recently lost a civil case and was ordered to pay 60% of the costs, when I received the statement of costs from the other side it was for £32246.

The costs of the trial only came to £13577

During the run up to the trial there were 2 appeal hearings which came about because the defendant missed 2 court deadlines for submitting his witness statements.

I was successful in both appeal hearings but it appears that the other party has included the cost of both these hearings in their statement of costs.

Is this right??

I would appreciate any advice
Ron Jehu
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer.

Was a cost order made at the appeal hearing?

Kind regards

AN
Customer: replied 1 year ago.

 


I don't know if you already have this reply



At the first hearing the judge asked me what my expenses were, and I claimed for parking fees and preparation time, and I received the money from the other side.


 


At the second hearing, I informed the judge that I would not be claiming costs due to the minimal time involved.


 


The other side mentioned "costs in case" which I did not put any importance on because I was successful aat the hearing.


 


Maybe I was naive

Expert:  Alex J. replied 1 year ago.
Hi

Thank you.

Unfortunately costs in the case means that the winner of the overall case will get their costs.

Have you said that you contest these fees relating to those appeals? If you only had to appeal because of a failure to comply with a court order or practice direction then you can rightly dispute these costs.

Did the costs award only go to 60% because of the appeals?

Kind regards

AJ
Customer: replied 1 year ago.

The costs went to 60% because of the conduct of the defendant.


During the run up to the trial he was making allegations of fraud and theft against me.


 


In the summing up at the end of the trail the judge made it quite clear that his allegations were unfounded, and made a point that he believed my version of the events against the defendants. He also commented on the fact that I was a "highly credible witness".


 


Not that this did me any good as the case was dismissed under previous case law, the main point being that I presented my claim for the money owed in too simplistic a manner, whereby I could not prove to the penny what the defendant owed me.


 


This case revolves around a single building which has ongoing liabilities which he still refuses to meet his share of.


 


Thanks


 


Ron

Expert:  Alex J. replied 1 year ago.
Hi

Thank you.

Was the 60% award not then to take into account the bad conduct?

Did you have the evidence to prove the claim?

Potentially you could seek leave to appeal?

Kind regards

AJ
Customer: replied 1 year ago.

How do I rate your answers??, I have looked on the webpage and I can't find anything.


 


I have completed the feedback form that was sent to me


 


Thanks


 


Ron

Expert:  Alex J. replied 1 year ago.
Hi

Thank you.

Once I have fully answered your question you will be able to rate my answer.

At this stage I do not feel I have done more than ask you for further information.

Until you have full break down of the othersides costs it will be difficult to challenge what they are claiming. Have they provided you with that break down and have you gone through it and challenged each item? Under civil procedure rule 47 in some circumstances you can apply for what is known as a detailed costs assessment if you are not happy with what the otherside are claiming.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Litigator
Category: UK Law
Satisfied Customers: 2500
Experience: LLB, LPC, DELF
Alex J. and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi There


 


Up to now I have received a Statement of Costs (Summary Assesment)


 


After your advice I have read CPR47 and I am not going to go down the Detailed Assessment route, I will make them a "take it or leave offer" fo £15000 and let them know the money is available for 48hours if they decide not to tkae the offer then we will go down the detailed assessment route.


 


Thanks Again


 


Ron

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