My question has three parts to it:
1) In general can a claimant withdraw without paying solicitors costs of the defendant or do they usually have to pay?
2) In my particular case, I did not withdraw the case properly as i missed filing a questionnaire and a court hearing which I assume were both to help decide who should pay the costs. I missed it as I moved house and therefore my correspondence address had changed and I did not notify the court as I didn't realise I had to. Am I able to ask for this to be heard again? Do you think there's any point? As perhaps as I withdrew the case that somehow automatically makes me liable for the defendant's costs.
3) The defendant's solicitor has increased their costs from a proposed settlement of £4k which they sent in one letter to now £13k as i did not respond (again due to not receiving the letter)- the orignal claim was £19k. What is my best course of action?
Yes I would like a clarification please.
OK, so I understand that withdrawing means I have to pay costs - unless we agree no order to costs which the defendant would not agree.
What we still don't really understand is what the potential positive outcome of the court order that we missed could have been for us. Right now we are being sent increasingly higher bills, what would the court order have settled initially? Would the court order have been called because we did not respond to the solicitor's first offer of a settlement? If we were lucky enough to get the hearing again how could that help us now?
Would you recommend that we engage our own solicitor now before contacting the defendant's solicitor? And if we contact the defendant's solicitor should we tell them we want to ask for the court order to be thrown out?