Hello my name is ***** ***** I will help you with this.
Has the Judge assessed costs at all at any hearing please?
How were costs left in the Court orders please?
I think the Judge ordered that the possession order be set aside and that we pay the defendants cost whichb are subject to detailed assessment if not agreed.
My solicitor was annoyed because they could never be agreed as the 3rd party did not provide the costs despite his numerous requests.
Ok - but the costs have never been agreed, is that right?
Can I also mention that we currently don't have a solicitor and it is now that he has given the details of costs.
Costs have never been agreed or assessed?
Yes costs have never been agreed although he spoke to us on the phone and we said we will pay max of £1200 out of court.
Ok. Then you write to them and say that costs are not agreed.
They then ask for a detailed assessment hearing.
Then you both go before a Judge and go through each and every item and they have to explain to the Judge what it is for and what work was done. The Judge will then see if it was necessary, time spent reasonable and the cost proportionate.
At the end the Judge will give a final total of the costs
So you can seek a detailed assessment of the costs
Can I clarify anything for you about this today please?
What about the directions questionnaire that my solicitor instigared. Is that something I should just ignore?
Is this a new claim? Is it a new claim for the costs?
Problem with going before a Judge is that the judge may just say in the interest of both parties lets agree a cost of £3000 which is exactly what the solicitor wants.
my solicitor instigared the directions q because the 3rd party solicitors were not responding to his request for a detailed breakdown.
Is this DQ claim a new claim for these costs or arising out of the same proceedings?
It relates to the same costs and I think it's a new claim as it was not issued straightaway , instead it was issued after my solicitor got fed up with them for stalling.
Ok. You should send this back and ask for the claim to be stayed.
The other side Solicitor should NOT be issuing a new cliam.
I have requested the court to extend the deadline for this as I was not sure what to do with a legal rep
You can argue this is an abuse of process and should be struck out
without a legal rep
Instead the Solicitor should be asking the Judge to assess the costs of the other claim
Otherwise what is the point of putting subject to detailed assessment if not agreed
They are not agreed, therefore should go to detailed assessment
You should therefore ask that thew NEW claim is stayed and the OLD claim goes off to detailed assessment
The 3rd part solicitor should be asking the judge to assess costs, or is it my solicitor? What do you mean by other claim?
The Solicitor for the OTHER side should be asking the Court to assess costs.
Or your Solicitor can do this.
The other claim meaning the existing claim
The Solicitor should NOT have issued a new claim for costs
Ok so I should complete the direction questionnaire and state that the new claim is stayed and old claim goes to detailed assessment.
Yes, complete and ask for it to be stayed as it is as a result of an existing costs order.
If they wanted to enforce the costs order it should be on the OLD claim
I am a little confused with new and old claim.... sorry.
New claim - one just issued for costs
There is an order that costs be paid
Old claim - the possession claim
The new claim is simply a list of costs. Nothing else.
is that still a claim
That should be dealt with on the old possession claim
Yes if new claim is stayed what does that entail and if I ask for old claim to be sent for detailed assessment then they will appoint a drafts person to review costs?
To simplify can you list each step I should take
1) Send the DQ asking claim to be stayed
2) Ask your Solicitor to apply to Court on the possession claim to have costs assessed
3) You or your Solicitor attends Court for the possession costs and argues at a detailed assessment
That is it
Does that help?
Ok but the possession claim is no longer valid as it was set aside. Can solicitor still ask for costs to be assessed on the possession claim?
Presumably it's not wise for me to do this myself?
I thought you said the possession order was set aside but there was an order for costs?
You said you had to pay D's costs subject to detailed assessment if not agreed
Yes so there is an order for costs against you, even with the possession order set aside?
ok. What should I expect to pay a solicitor to deal with this?
Should I get an independent draftsperson for analysing costs?
It maths - if your Solicitor charges £150 an hour it depends how much work and time is spent.
If you win at the detailed assessment hearing then you can ask for costs, if the other sides costs have been unreasonable.
You can always expect to wipe off around 25% of their bill in an assessment
what can I expect the costs to be reduced to ie 6k is excessive is it not?
Defendant was legally aided
Its hard to say, I have not seen the bill. So I dont know what was done on what areas of work
But it does seem high for a fairly easy case
yes helpful but have a number of question from my initial question
List them one by one and I will help
inter partes at 4800 - what is this
Correspondence between Claimant and Defendant or legal representatives
then surely this should be more like £50 as there were a max of 7 or 8 letters back and forth
That depends how long the letters are of course. But it seems excessive
Well usually 1-2 pages but there were a cou[le of occasions where they sent a detailed letter with around 20 points listed on them but these points were irrelevant to the case.
Still even with 20 points not more than 5 pages
Ok, maybe £15 a letter
£25 at most
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