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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Good evening, I (claimant) have been ordered by judge to disclose

Resolved Question:

Good evening, I (claimant) have been ordered by judge to disclose some documents which the defendant was requesting from me an I refused to provide because it was irrelevant and to pay the cost of application to defendant within 21 days. This is a personal injury matter and the reason for this order was judge found that hearing was unnecessary, because I could have provide it to them without hearing. My question is: how I have to pay £3000 to other party. I don't earn enough money to pay them all in once, can I request this to be paid over 60 months ( £50 a month )? What will happens if other party refuse to accept it?
Many thanks
A.A
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name isXXXXX will answer this for you.

tdlawyer :

You can make an application for permission to pay the amount over time. If you do this, you can ask for the application to be determined on paper - but to do that you would need to exhibit a witness statement to the application setting out your incomings and out comings, and what you can afford, and what your proposals for payment are.

tdlawyer :

If you don't pay, and the order isn't varied, then they can enforce against you by trying to send in the bailiffs, getting a charging order against your home etc.

tdlawyer :

The Court may also make an unless order, which means that if you don't pay within a stated period, it could potentially strike out your claim.

tdlawyer :

This would mean you would automatically lose and you could be ordered to pay the rest of the claimant's costs of the litigation so far.

tdlawyer :

Hence if you cannot pay it, it is always sensible to approach the Court rather than simply ignoring it and hoping it will go away - it rarely does.

Customer: Thank you tony this is if I can't agree a term with other side?
Customer: Can you please advice what that application called?
tdlawyer :

No name for the application - just call it an application to pay the costs order of [date[ by instalments.

tdlawyer :

And yes, if you can agree something with the other side, that is always the most sensible thing to do.

Customer: Thank you do I need to tell other party if they agree with installment or not?
tdlawyer :

All parties to the proceedings should know what is happening.

Customer: Payslips, bank statement and a witness statement would be enough to submit this application?
tdlawyer :

Likely to be, yes, unless your outgoings are unusual in sums etc. and would need justifying by invoices/contracts etc. But if you said, for example, Council tax of £50 per month, I doubt a Judge would challenge that. Certain expenses we all know about through general living, but those which need explaining should be explained and corroborated wherever possible.

Customer: My outgoing is 3 times more then my income and my dad feeding me with shortage! Do I need to include witness statement from him?
tdlawyer :

I doubt it - I would have thought a statement from you would be enough.

Customer: Thank you for your time I am very satisfied
tdlawyer :

Thank you - good luck with sorting this.

tdlawyer :

Incidentally, when did you commence the claim?

tdlawyer :

And .... do you have a CFA with solicitors involved?

tdlawyer :

this is really important.

Customer: Hearing date was on 27th November 2013, this is for a claim on May 2010 my former solicitor came out of court record and unfortunately I am representing myself, I am very stressed because they are big people.. They are alleging that my claim is not a genuine claim and is frud? I can not find any solicitor for no win no fee
tdlawyer :

Has the Court made a finding that you have done anything fraudulently so far?

Customer: But the evidence they providing is irrelevant
Customer: No nothing
tdlawyer :

Okay.

Customer: The court we went to was only for disclosure
tdlawyer :

Was this pre-action disclosure?

tdlawyer :

Under Rule 31?

tdlawyer :

Can you answer this specifically and simply please, it's very important.

Customer: I don't know, but they accepted liability , what they saying I have exaggerated the symptoms.... And looking for their cost?
tdlawyer :

Did you issue a claim?

Customer: Tony do you know how I can find a solicitor to help me?
Customer: Yes
tdlawyer :

Hang on a sec ... can you just answer my questions, one word answers.

tdlawyer :

Did you issue?

Customer: yes
tdlawyer :

Okay, then they asked you for documents after a Court made directions for you to provide disclosure?

tdlawyer :

And you didn't provide them?

Customer: I have to provide by 7th of January 2014
tdlawyer :

You do now. But, before that - the reason they applied.

tdlawyer :

You were previously ordered to disclose, but you didn't, right?

Customer: No I haven't been previously ordered.. Only ordered on 27th of this month
tdlawyer :

Okay, what I have told you above is wrong. Because this is a personal injury claim, you have the protection of what is known as QWOCS. This is qualified one way costs shifting. It means a claimant doesn't pay costs orders until after the proceedings and then only with the Court's permission. The reason they are saying you have been fraudulent is that this is really the only way they get to remove the costs protection that you have.

Customer: So wh
tdlawyer :

Look at this: http://www.weightmans.com/PDF/QOCStheChangesformattedMarch2012.pdf

Customer: Sure
tdlawyer :

Actually, this is better for you: http://www.markthompsonlaw.com/qualified-one-way-costs-shifting/legal-costs/

Customer: This £3000 is only for their expenses for that hearing
tdlawyer :

Yes, I know.

Customer: We have cost and case management conference in March 28th
tdlawyer :

You need to try and get some help if you can. I can't suggest any particular lawyer but I would say just call up as many as you can and keep trying to find people willing to help.

tdlawyer :

If you struggle, speak to the law society (www.lawsociety.org.uk‎) and they will help you.





 

Customer: Ok will do
tdlawyer :

Okay, does this answer your question now?

Customer: Thank you
tdlawyer :

You're welcome.

Customer: Very satisfied
tdlawyer :

Thank you!

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