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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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If I drop my court case, I am the claimant but the defendants

Resolved Question:

If I drop my court case, I am the claimant but the defendants solicitors, I believe are working on 'no win no fee' basis how do I find out what costs they will claim from me? No schedule of costs have been submitted to the court as yet.
If the defendant has been granted legal aid, what happens then?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 : You simply ask.
Alex Watts : You are still liable for costs regardless of whether or not they are on legal aid.
Alex Watts : But if they are on a CFA then they are unlikely to be on a legal aid
Alex Watts : Can I clarify anything for you about this today please?
Customer:

As they didn't enter a schedule of loss to the court prior to the PTR, can I question the amount they eventually ask for? Can I ask for time to pay?

Alex Watts : They don't need to.
Alex Watts : They only need to file a precedent H for a multi track hearing and a schedule of costs 48 hours before trial for a fast track.
Alex Watts : If its a PTR they don't need to
Alex Watts : Does that clarify the position?
Customer:

The orders from the court stated The parties must have exchanged all their evidence prior to the PTR. Any schedule and counter schedule of loss must be complete and included in the core bundle. What is a 'precedent H'?

Customer:

When it comes to it, can I ask for time to pay?

Alex Watts : Schedule of loss is not a schedule of costs.
Alex Watts : Loss is what you are claiming, the defendent may file a counter schedule of loss, saying what if anything they say you are entitled to if you win.
Alex Watts : Precedent H is for multi track trials so if you have not been allocated to the multi track you don't need to worry about that.
Alex Watts : Can I claiify anything?
Customer:

It is in the multi track

Alex Watts :

Ok - then precedent H should be filed.

Alex Watts :

But in any event it would go to detailed assessment at the end of a liability trial.

Alex Watts :

Therefore there should have been a costs hearing or if you ask for the precdent H you will get a copy of their costs.

Alex Watts :

Can I clarify anything for you?

Customer:

We have had a PTR. Further orders have been issued, to both sides. it has been allocated at present to multi track fortnight in June. Costs in the case. I am about to ask the court for a discontinuance, so we will not go for trial. Therefore, as yet, there hasn't been a costs hearing, so would this mean they haven't filed a precedent H yet?

Alex Watts :

If there has been no costs hearing then they do not need to yet file a precedent H

Alex Watts :

But if you discontinue then I am sure you know you are liable for their costs

Alex Watts :

But you can just write and ask them.

Alex Watts :

And you could also ask them to agree you would pay their costs subject to detailed assessment if not agreed

Alex Watts :

Does that clarify?

Customer:

When you say detailed assessment, would that be via the court? Would I be able to ask for time to pay?

Alex Watts :

Yes and yes.

Customer:

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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