Hi Alex, thanks so much for agreeing to help with this. The claim proceedings were conducted by a solicitor appointed by the claims management agency who had an ATE insurance - but it would not pay out because of the fraud ruling.
the solicitors appointed by the claims management company were working on a no win no fee basis - but following the judgement they ceased to act as the solicitors in this matter.
Hi Alex - are you still reviewing my question?
I can send you the skeleton in respect of the appeal if this would help. we have been granted permission to appeal on all grounds.
yes we just mentioned this on the appeal app but this was not granted.
yes - for £10,000
and the bill of cost for £47,872.38 in the notice of commencement of assessment of bill of cost
yes, together with a schedule of work
Ok. Is there anything on that you disagree with?
we don't know whether to agree or disagree because the case was dealt with by our former solicitors
We don't know if any cost can be disputed or what grounds to dispute them on
Ok. Well you can only dispute on 3 grounds:
1) The rate is wrong or too high
2) The time spent was too long
3) The work done was not needed
There seems to be a lot of very long telephone calls and many conferences with counsels - but not sure if these were needed or not. expert reports had to be taken and analysed etc.
Indeed. I would try and dispute everything.
You will get some leeway bearing in mind you were represented but no longer.
Do we simply have to write a letter explaining why we dispute each item?
You see the schedule they have provided - you do the same and say why you dispute each item and why
What happens after we send the dispute - should we then make representations in court
No. What happens then if they dont accept your points of dispute its listed for a costs hearing.
Then both sides make their points and a costs officer makes a decision what is and what is not allowed.
Generally you can expect to get at least about 25% wiped off
my dad can't afford to get a solicitor to visit for the hearing and he does not speak English well. will he have to speak in court - can I speak on his behalf?
Well you can go as a McKenzie friend. The court may or may not let you speak
will the court consider dad's financial circumstances when making the cost order
That has no bearing whatsoever
He can make an application afterwards to pay by installments
Will the instalments be based on what he can afford to pay monthly
also can he go to a debt management company and go for a IVA or similar option
Yes that would be.
He can go into a debt management or IVA
If he does to debt management I would recommend Step Change, they are a charity
Step Change - Thanks for this (I will look into this) at the moment dad's outgoings exceed his income and he has a massive overdraft. everything can be evidenced , is there any way to make an application to court to take this into account?
No, not before the costs hearing. Its just not relevant to whether costs are payable,
Thanks. does that mean these matters can be brought to the courts attention after the costs hearing. Also, I am not sure what them meant by 'enforcing the court order'
Whether you dispute the various items of work has no bearing on ability to pay
The Judge has ordered costs, so its just the amount of costs payable.
Whether you can pay the costs is not relevant to this procedure
That comes after the amount of costs has been decided
I think I understand this better now. you have said above that we can apply for payment by instalment after. will we be doing this in at the end of the cost hearing (i.e. after the amount of cost has been decided) or will we then write to the defendants solicitors directly about the method of payment or IVA etc.
Yes you can do either or both.
just one last question. When we send the letter disputing the cost, do we need to mention the appeal and/or that should the appeal succeed we will look to claim all payments back.
No, because that is obvious. If you win the appeal then that includes the costs order too
Sorry, just one more question - is there any court process that I must follow to go as my dad's McKenzie friend? That really is my last question.Thank you so very much for your help and advice...I cant tell you how much I appreciate it.
No, you just ask for permission on the day
Thank you so very much for your help.
Can I clarify anything else for you?
Not at the moment. I will draft the letter of dispute out and send it to them. Thanks a millions!! :-)