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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A Judge in a magistrates court verbally delivers a verdict

Customer Question

A Judge in a magistrates court verbally delivers a verdict against a ltd company but writes in his summary that the named directors are liable for costs.
At a costs hearing he once again states the ltd company are liable for costs and the magistrates court only register the ltd company liable for costs, several months later the benificiaries persuade the magistrates court officers to alter the costs order document
to include the directors in the costs order as well as the ltd company so as probably to prevent the ltd company from going into liquidation and losing their costs.
The judge has now retired, can they actually legally change the costs order without first notifying the ltd company and contacting the judge
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you would like to know about this please?

Alex Watts :

When was the Judgment please?

JACUSTOMER-6c1pnrdm- :

The ltd company directors were not notified of the amendment to the costs order can the magistrate office do this without clarifying it with the judge.

Alex Watts :

What date was the amendment made please?

JACUSTOMER-6c1pnrdm- :

There is no date as the amendment was pasted over the original costs order in a crude manner with miss spelling of the ltd company.

Alex Watts :

When was the original sentence handed down please?

JACUSTOMER-6c1pnrdm- :

Jan 2012

Alex Watts :

When was the payment made please?

JACUSTOMER-6c1pnrdm- :

There was no payment it went to appeal, to crown court the ltd company lost and costs awarded against.

JACUSTOMER-6c1pnrdm- :

So now we have two costs order, one from crown against ltd comp, the other if legal is ltd comp and directors.

Alex Watts :

Ok - but it was appealed and the Crown Court Judge did not interfere with the order?

JACUSTOMER-6c1pnrdm- :

The concern we have is after sept 13 the council who are the benificiries have not applied for their costs probably because they know that the amendment to the costs order is illegal.

Alex Watts :

Were submissions made to the Crown Court Judge that the decision below was wrong?

JACUSTOMER-6c1pnrdm- :

We don't have a problem with the crown court it was the magistrates court

Alex Watts :

Yes but were submission made to the Crown Court Judge that the personal costs order of the Judge below was wrong?

JACUSTOMER-6c1pnrdm- :

no we overlooked his summmary

Alex Watts :

Were you represented?

JACUSTOMER-6c1pnrdm- :

No unfortunately as several chambers from london to birminghan to cambridge either claimed conflict of interest or stated the transcript in our possession from a monitoring machine used for a noise abatement exercise indicated corruption leaving us insufficient time to engage a barrister prepared to challenge the council

Alex Watts :

Ok - let me look a few things up and then come back to you

JACUSTOMER-6c1pnrdm- :

The magistrates case clerk tells us she has only the original costs order on her computer and when shown the amended copy passes comment that indicates she has no knowledge of it and states that what was on had been pasted over leaving us to believe that the council and not the court had done this to press forward a claim in the county court to fool the judge into engaging the balliffs

JACUSTOMER-6c1pnrdm- :

When we noticed the alteration we inquired with both the magistrates and the council as how and who had done this and nobody has replied to our question, but as the council has not pressed for their money I SUSPECT THEY KNOW THE CONSEQUENCIES IF THEY PRESENT TO THE COURT A FORGED DOCUMENT

JACUSTOMER-6c1pnrdm- :

LOGGING OFF WIFE CHASING FOR DINNER

Alex Watts : Ok the only thing I can think of is a Judicial Review the decision.
Alex Watts : You need to write and set out the position and request that it is rectified.
Alex Watts : if they refuse then you can seek a judicial review.
Alex Watts : This is where a high court judge looks at their decision to see whether it is legal and reasonable.
Alex Watts : A judge will consider the law and see if they are entitled to do this.
Alex Watts : The judge can either agree with their decision or remit it back for further consideration.
Alex Watts : You will need a solicitor for this as the procedure can be quite complex and representation will be needed for court.
Alex Watts : You also need to follow the pre action protocol
Alex Watts : http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-6c1pnrdm- :

I after getting short thrift from the magistrate court, and absolutely no response from the council to our questions engaged the ombudsman whose office investigates malpractise.He stated that practices have been put in place to prevent this happening again but didn't say what they were, but referred to the judges written report and appeared to be of the opinion that as the judge had included the directors in front of legal,(he would have got this info from the man in question who allegedly was asked to alter the document) so felt there was nothing underhand had taken place but should have notified us.

JACUSTOMER-6c1pnrdm- :

I wonder if the amended costs order is on hard drive and did he ask to see it for it wasn't on the case officers computer.

JACUSTOMER-6c1pnrdm- :

If the friend of the council informs them the ombudsman has in effect cleared them of malpractise and they come after the costs after eight months there will be two orders, one stating the ltd company from the crown court, and one with the directors as well from the M Court.

JACUSTOMER-6c1pnrdm- :

I have to pay the crown court costs order, what should I do about the MC order if the balliffs challenge us if we were to ask for a J Review

Alex Watts :

When you apply for a JR you can also ask for a stay on enforcement.

Alex Watts :

But don't hang around until bailiffs turn up to start JR

Alex Watts :

Can I clarify anything else?

JACUSTOMER-6c1pnrdm- :

No many thanks, a smily face for you alex

Alex Watts :

Thank you. If I could invite you to rate my answer before you go.

Alex Watts :

If the system wont let you, please do say

Alex Watts :

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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.

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