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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Dear XXXXX,I have 2 questions:1.- I have an order of

Customer Question

Dear XXXXX, I have 2 questions: 1.- I have an order of costs against me £105k from the royal courts of justice. At a hearing in my local court (XXXXXXXX) to disclose my assets the judge asked has the final detailed costs assessment been done as this £105k order was an interim payment. The defendants lawyers said no – the judge said this order was from a summary judgement hearing and the final sum for such a hearing will be much less than £100k. The defendants lawyers wrote to me saying they will not pursue costs but will reserve the right to bankrupt us for the £105k later if they wish and that RSPB or their lawyers will not reply to us or communicate with us anymore. I asked for a final detailed bill from the defendants and they refused. We find it unacceptable as they can hold this over us forever when the full costs hearing has not taken place. We believe this is unjustifiable misconduct and serious prejudices to us according to CPR and the overriding objective of the court. The following notes are my research on the net, and options that maybe available to us. I understand that where the receiving party fails to commence Detailed Assessment proceedings within the 3 month period, the paying party can make an application to the Court for an order requiring the receiving party to do so within such period as the Court may specify, CPR 47.8(1). The Court may, when making such an order, make provision in the Order for disallowance of all or part of the receiving party’s costs if they fail to comply with the further time specified in the order, CPR 47.8(2). It has now been 2 years since my requests for a final detailed - I believe them and their lawyers violated our right to a fair hearing under Article 6 of the European Convention on Human Rights. (Lees and others v Benedict [2005] EWHC 1643 (Ch)) The delay, and refusal several times to produce us a detailed bill amounts to misconduct. If there is misconduct and delay by the receiving party or prejudiced to us the court has a remedy. Bufton vXXXX(2002) McGuigan v XXXXXXX (2003), the Court may exercise its powers set out in CPR 44.14 to disallow all or part of the receiving party’s costs, CPR 47.8(3) and 47.14(5). Haji-Ioannou v XXXXXX (2006) under CPR 44.14.LJ XXXXXconcluded: ‘Inordinate and inexcusable delay causing prejudice to the paying party might well constitute exceptional circumstances Under CPR 44.14 (1) The court may make an order under this rule where – (b) it appears to the court that the conduct of a party or his legal representative, before or during the proceedings which gave rise to the assessment proceedings, was unreasonable or improper. (2) Where paragraph (1) applies, the court may – (b) order the party at fault or his legal representative to pay costs which he has caused any other party to incur Finally, they refuse to go to assessment proceedings as they know £105k is no achievable and can (when they want at any time) chase us for the incorrect amount of £105k. This is not fair or morally right. Throughout the case they continued to frustrate are right to a fair trial, and now detailed cost assessment, contravening our Article 6 rights and deny us “equality of arms” throughout the case, frustrating the courts overriding objective. We are pursuing this as we have a statutory right to know the true costs we may be liable for and a court to determine those costs to comply with CPR rules of fairness. I think applying to the court under CPR 47.8(1) & (b) without notice will improve our position to claim the above and reduce significantly the £105k cost order. What do you advise please. 2. – We wish to transfer any cost hearing from The Royal Courts of Justice to Bury St Edmunds court. Do we make an application under CPR 47.8 and under part 30 (transfers) to Bury or The Royal Courts of justice or both???????????? What do you advise please. Regards, Gordon

Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

 

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

I am sorry for the delay in reverting to you - unfortunately there has been a slight IT error which has prevented me getting on to this thread until now.

Joshua :

Have you made a request for a detailed costs hearing to date?

Joshua :

Thanks for your rating however I should be grateful if you would delay attempting to rate my service to you until I have been able to provide you with a full reply.

Joshua :

Have you made a request for a detailed costs hearing to date?

grouse98 :

Yes I have made an application in The Royal Courts of Justice, then I had doubts about if that was right? On the N244 application form it had a box re: Duration required for hearing - but page 2 of the court instructions re filling in the form clearly stated if We didn't know how long it would take we shouldn't guess and should leave the box blank. The Court has replied to that form asking us to fill in details on a PRA form that asks for duration again. I replied to that saying it appeared to be contrary to the Court's instruction on page 2. I was thinking I might just guess at a time - maybe 4 hours, and put it on the N244. That is why we have taken the route of asking you what should we do?

grouse98 :

 

 

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