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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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What form do I use for court when claiming costs from a Claimant

Customer Question

What form do I use for court when claiming costs from a Claimant when I am the Defendant
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.


Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

Because we are all in
practice with clients and court and other users, I might not always respond in minutes, particularly evenings and
weekends. Please bear with me in that case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.



 



Did the claim fail and did your
defence succeed?



Did you ask the court for a
costs order and was it awarded in your favour?



What is the exact wording of
the order?



Costs to be assessed if not
agreed?



Were costs not raised at the
hearing?

Customer: replied 4 years ago.

D B Mortgages tried to kick us out as they have on 3 other occasions, they had tried to evict us even though all mortgage payments are up to date they were working with information which is not true at the time, I had set a date and time with the county court for a hearing, where I would present evidence to completely contradict there so called evidence at the 11th hour they withdrew there eviction notice, so all the work and exspense I had incurred went done the drain, as I said previosly this is not the first time I have actually been to court with them and won but I have never asked for costs, each time there solicitors get involved that cost goes on the mortgage except now I have demanded that it is all removed and they obliged therefore I want to get them into court for hearing about the costs etc. The bill of costs for work done is as follows


 


Receiving and considering Eviction Notice


Searching and locating papers relating to case


Researching consumer credit law, law of limitation


Time spent spent with advisors (Phone and Mail)


preparing application noticCourt fee


 


This is a brief

Expert:  Stuart J replied 4 years ago.

So are these wasted costs you want because they withdrew?
Is there any costs order or didnt it get that far?

Have you studied this in depth

http://www.gwslaw.co.uk/wp-content/uploads/2012/01/Wasted-costs.pdf

 

Which shows that you should not enter into this lightly

 

Customer: replied 4 years ago.

Ok Thanks


 


I will give it good considerasion before proceeding and speeak to you in a few days if that is ok

Expert:  Stuart J replied 4 years ago.
That's fine thanks
Customer: replied 4 years ago.

Hi!


 


Having read the wasted costs article, it appears to me that it points at lawyers etc as being neglagent etc .


 


So i ask this question. If DBM instructed there solicitors to go to court get an eviction order, and instruct them to stop proceedings, surely they are responsible for these costs incurred by me and not any lawyer


 


I look forward to your reply


 


Thanks in advance

Expert:  Stuart J replied 4 years ago.

It is DB responsible for the costs not the lawyers firm although a claim for costs can be brought against the firm of sols for pursuing pointless litigation at their clients expense.

In this case DB are correct defendants in my opinion as they are experienced in this market

Customer: replied 4 years ago.

Do I just use a N1 form for application to recover costs

Expert:  Stuart J replied 4 years ago.
Wasted costs, yes.