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Nicola-mod
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Category: Law
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Experience:  Moderator
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I have been granted permission to appeal the a costs order.

Customer Question

I have been granted permission to appeal the a costs order. This was granted at a hearing on 17/5 this year. The matter was stayed and the matter to be referred back to the original judge. This judge was to then set out the cost issues and his determination in readiness for the resumed appeal. Despite my enquiring on two occasions with the court as to what was happening I had received no further written contact from the court. I then went away on the 19/7 and returned on 4/8. Upon my return I find a letter from the court dated 17/7. I had not received this by the 19/7. The letter was a notice that the appeal would take place on the 9/8 and attached was for the first time the judges determination which was dated 25/6. I immediately wrote to the court explaining that I had been waiting for this determination for my barrister and that we simply could not attend at such short notice. I heard nothing back. I rang the court today who were not helpful. I could not get a barrister at such short notice and cannot attend myself tommorow morning. What can I fax to the court first thing in the morning to adjourn matters.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. You need to make a formal application to adjourn. You need to complete form n244 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf and send it to the court with the appropriate fee unless you are entitled to remission.
AlexWatts2013 : You need to set out everything above here but attach a covering letter saying that the matter is urgent and that you need the application considered as an urgent application. But you must make a formal application to adjourn otherwise your matter may be dealt with in your absence.
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
JACUSTOMER-ac7i3zdk- : Dear Alex
JACUSTOMER-ac7i3zdk- : Thanks for that, so fill in the form with details why I am seeking adjournment and make sure the judge has this at the hearing tommorow at 10-30. Is it correct that the determination dated 25/6 which I was waiting was only sent out on 17/7? Is there a minimum time that the court must give notice of a hearing?
AlexWatts2013 : Normally the court gives 7 days. You may have to fax the application and then call with your credit card to pay the fee.....
JACUSTOMER-ac7i3zdk- : Will fax and phone yes. How can you prepare a costs appeal without the determination? There is no way a solicitor could prepare in four days?
AlexWatts2013 : Yes exactly. You need to word the application that you are disadvantaged and need to seek legal representation. The judge hopefully will then adjourn and relist for hearing.
AlexWatts2013 : But set out all the relevant dates what you did when and what dates you were notified by the court.
JACUSTOMER-ac7i3zdk- : Many thanks
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

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Thank you,
Nicola

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