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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have had a judgement against a company and the owner has

Resolved Question:

I have had a judgement against a company and the owner has been added as a 3rd party.
I am starting the costs recovery process and have made a without prejudice offer which has been refused, I have also sent the commencement of assessment for the bill of costs, Form N252 to the defendant, but do I now file it with the Court or should I file the Claim Form (CPR Part 8) instead. Also is it normal to write a statement about the costs and accompany it with either Form. What are the legal processes following on from that.
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

What is the cost of the claim?
Customer: replied 4 years ago.


£59,846 but will be over that now probably about £62,000

Expert:  UK-Justice replied 4 years ago.
But you have Judgment already?

What did the Judgment say about costs?
Customer: replied 4 years ago.


From the order: (I was the Defendant then)


 


Judgement for the Defendant. The Claimant is to pay the costs of the proceedings assessed by detailed assessment (if not agreed)

Expert:  UK-Justice replied 4 years ago.
I assume they are not agreed?
Customer: replied 4 years ago.


Well, he says he has no money which I dont believe as he owns 2 houses 1 with an rental income. Anyway, he has suggested a Tomlin order to resolve the situation.

Expert:  UK-Justice replied 4 years ago.
Ok.

You dont need to file a Part 8 form.

You just need to file form N252 at the Court with a covering letter.

So just send it to the Court with the necessary fee.

That is all you need to do.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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Customer: replied 4 years ago.


Thank you for that but could you please outline the follow on processes after filing the form

Expert:  UK-Justice replied 4 years ago.
The Court will then list the matter for hearing.

You are then required to file a detailed schedule of costs.

The Defendant should then file a counter schedule.

The Court costs Judge will then decide what is payable.

Thats it...............

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice