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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I want to make an application for the defences cost order because

Resolved Question:

I want to make an application for the defences cost order because the cps dropped the charges before the trial hearing I want to recover the fees that I paid privately to my Solictor.

Can you tell if it's a straightforward process and which application I need to complete and submit.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

You don't complete forms. You just make an oral application for a defence costs order when the Crown offer no evidence formally.

There should be no difficulty with that although you will only get up to legal aid rates rather than the sum that you paid privately.

Its straightforward enough though. If the Crown offers no evidence I've never had a defence costs order refused.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I am abit confused the cps decided not proceed with the case and have discontinued with the proceedings, I received nothing from the cps my Solictor verbally told me this news

How do I make a oral application?

how do I get this listed at court.












Expert:  Jo C. replied 3 years ago.

If you were charged then there should have been some form of hearing in which they offered no evidence.

Unless, I suppose, they have just withdrawn it. Then it would be risky to seek a defence costs order because they could revive it.

To get it listed just call the court and ask them to list it.

You should be aware though that if you are paying privately it will probably cost the same amount again for your solicitor to submit his fees for them to be taxed.
Customer: replied 3 years ago.
There was a first hearing, the police provided the evidence I plead not guilty.

I'm not sure the chance of success
Expert:  Jo C. replied 3 years ago.
Oh yes, you do have the basis of an application.

I'm slightly surprised your solicitor didn't make one unless his view was that there was no point because you would have to pay him to submit his costs schedule.

You might want to ask why he didn't do that.

I don't think there would be any problem with getting an order. The question is whether there is any point.
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