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?
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'?
When it comes to it, can I ask for time to pay?
It is in the multi track
Ok - then precedent H should be filed.
But in any event it would go to detailed assessment at the end of a liability trial.
Therefore there should have been a costs hearing or if you ask for the precdent H you will get a copy of their costs.
Can I clarify anything for you?
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?
If there has been no costs hearing then they do not need to yet file a precedent H
But if you discontinue then I am sure you know you are liable for their costs
But you can just write and ask them.
And you could also ask them to agree you would pay their costs subject to detailed assessment if not agreed
Does that clarify?
When you say detailed assessment, would that be via the court? Would I be able to ask for time to pay?
Yes and yes.