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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my local council,took myself and my daughter to court,the council

Resolved Question:

my local council,took myself and my daughter to court,the council case was throw out of court,the judge told the council that they had no grounds for an appeal,but the council appealed,and losed.The council think they can just walk away ,but i feel we have the rights to claim damages but iam not sure of the amount to try for.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 do not need to wait here as you will get an email when I reply.
Alex Watts : Damages for what please? Did your daughter not get her costs back?
Customer:

we did not have a solicitor but incurred about £3800 in costs for things such as travel,printing,days off work,etc and we thought that the way the council have treated us that they should compensate us.

Alex Watts : Was it a civil or criminal case?
Customer:

civil case.

Customer:

it was at the reading county courts

Alex Watts :

You can't now sue for any costs I am sorry.

Alex Watts :

This is because at the end of a civil hearing a Judge deals with costs.

Alex Watts :

If you did not ask for costs or all the costs were not awarded you can not do anything about that.

Alex Watts :

A lawyer should ask for costs associated at the end of the hearing and is required to serve a costs schedule at least 24 hours before the hearing.

Alex Watts :

If you did not have a lawyer then you should have asked for costs at the end of the hearing

Alex Watts :

If you did not then sadly the opportunity may be lost now.

Alex Watts :

If not much time has elapsed it is may be possible to apply to the Court varying the original order and asking for your costs.

Alex Watts :

But usually costs are dealt with at the end of a hearing.

Alex Watts :

If you were to make an application it would be on form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

But normally once the case ends costs are dealt with. If not then each party bears his own costs

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you ,you have been a great help.

Customer:

+

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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