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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I won a court case in High Court of justice but and I was awarded

Customer Question

I won a court case in High Court of justice but and I was awarded the wright to claim all fees back. This was back in 1996. Can I claim this know?
Submitted: 3 years ago.
Category: Law
Expert:  leanne-jones replied 3 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

Have you taken any enforcement action since 1996?

Do you still have the original Judgment awarding costs?

Customer: replied 3 years ago.

 


Hi Leanne,


 


At the time we were happy with the result and our Barrister did not take action to enforce the reward as the opposition had legal aid as he was on income support. I have the paper work but I am not sure if we will be allowed to claim this as it is very old. Can we still claim after 17 years?

Expert:  Stuart J replied 3 years ago.








I have been asked to look at this for you. What does the court order say
exactly?



Why has this cropped up after 17 years? How much money are we looking at?



Customer: replied 3 years ago.

 


Dear Law,


 


Thank you for your reply.


 


The court had 4 points as follow,


 


1 - That the claim of the first and secound plaintiffs herein be struck out


2- That the counterclaim herein be stayed and be not proceeded with without the leave of this court or the court of appeal.


3- That the plaintiffs do pay to the defendants(us) their costs of this action such costs to be raxed if not agreed


4-that the defendants shall recover their costs of the claim not recovered by them from the plaintiffs and their costs of the counterclaim from the estate oof the said Daniel Georgis Daniel deceased such costs to be taxed on an indemnity if not agreed.


 


The court dose not think fit to give leave to the plaintiffs to appeal from the order.


 


Please note that the plaintiffis had legel aid.


 


Our Councellor did not apply for the cost at the time and we did not fellow the case. However I just want to clear all this and put my mind to rest that we did not loos any of our wrights. Please let me know if we can claim the costs back as we have lost a lot of money because of a fake claim by the plaintiffs. Thank you.


 


Kind regards,


 


 


Simon.


 

Expert:  Stuart J replied 3 years ago.
I am going to opt out of this because I do not know the situation with legal aid. Please don't reply or it comes back to me. It is now open to all experts
Expert:  adamd-mod replied 3 years ago.

Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thanks for your patience,

Adam

Customer: replied 3 years ago.


Hi Adam,


 


Please continue with your search. Thank you.


 


Kind regards,


 


 


Simon

Expert:  adamd-mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,

Adam

Expert:  Clare replied 3 years ago.
Hi
How much were the fees involved and who actually paid them?
Claire
Customer: replied 3 years ago.


Hi,


 


We paid all our solicitors costs including a concellor whcih was appointed by our solicitor to represent us. We paid them aprox £40,000. Please could advise if we can claim this cost back as it is 17 years old. Thanks.


 


Kind regards,


 


Simon

Expert:  Clare replied 3 years ago.
Hi
May I ask why you did not claim the costs from either the other side or the estate at the time?
(This is relevant)
Claire
Customer: replied 3 years ago.

Hi Claire,


 


I am sorry for the delay in my reply as I have sold my house and complitio date was 01/05. The reason I am making a claim know is the fact that then I was not able to pay for the cost but know since I have sold my house I can make a claim against the planintiff. However can you advise if I can still claim the costs from the Legal Aid as they paid the Planitiff the cost to take us to court. Please advise. Thank you.


 


Kind regards,


 


Simon

Expert:  Clare replied 3 years ago.
Hi
For clarity - you have no claim against the Legal Services Commission at all.
You claim was against the Plaintiffs personally and if they did not pay you were entitled to claim the costs from the monies in the Estate.
Realistically you will now struggle to claim these costs from any one at all since the amount involved either had to be agreed between the parties - or go through the process of "taxation" by the court (where the judge assesses which costs he is prepared to allow)
After 17 years it is unlikely that the file of papers will be available for this process to take place so whether or nit you can pursue the matter will depend on how far the costs issue went originally which is something you will need to discover I am afraid
I hope that this is of assistance - please ask if you need further information
Claire

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