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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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on the 26th of march a judge ordered me to pay costs to be

Customer Question

on the 26th of march a judge ordered me to pay costs to be assessed if not agreed.
on 7 april the other sides solicitor sent me a letter requesting payment of £10.000 within 14 days or they will make an application to the court for a charging order against me,,
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if you have agreed the £10K figure please? I cannot see that you have but could you confirm for the avoidance of doubt?
Customer: replied 2 years ago.
Not at all
I received this letter and am not sure what to do
Expert:  Joshua replied 2 years ago.
Thank you. If you do not agree the costs claimed then you can revert to them disputing the costs and either making an offer you consider reasonable or advise that you require their costs to be assessed by the court.

costs assessment is a procedure relevant where parties cannot agree costs and the court assesses costs under an application the cost assessment. the solicitors will need to apply to the court for cost assessment normally within three months of the date of judgement and you will have the opportunity to submit your statement together with any evidence you consider pertinent in order that the court can consider the matter. the court when issue an order in respect of the costs it considers payable which you must pay within the timeframe ordered unless you intend to appeal the decision.

Note that any dispute relating to costs should not affect your liability to pay the amount of any judgement awarded against you which should be paid within the timeframe provided by that judgement unless, again you intend to appeal.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Customer: replied 2 years ago.

so I should write to them stating that I do not agree to their costs,

can I ask them for a breakdown of costs together with copies of invoices and original agreement they made with their client pertaining charges

Expert:  Joshua replied 2 years ago.
You can try to reach an agreement on costs before asking for the courts to assess them. The courts prefer this. To this end you can request such additional information as you reasonably require.

ultimately, if you are not able to reach agreement, you can require an assessment of costs by the court as discussed above.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.

if we cannot agree,, does the assessment cost

Expert:  Joshua replied 2 years ago.
Sorry could I trouble you to kindly clarify your last query?
Customer: replied 2 years ago.

continuing on from yesterday

Expert:  Joshua replied 2 years ago.
Thank you. Yes in deed it was just that I didn't quite understand your last question. Could you kindly clarify what it was?
Customer: replied 2 years ago.

if we do not agree on costs and the other side will go for assessment do I bear the risk of the assessment costing me more money

Expert:  Joshua replied 2 years ago.
For the avoidance of doubt this is in realtion to costs owed to you rather than costs owed by you to the other party?
Customer: replied 2 years ago.

this is in relation to costs I have been ordered to to pay to the other party

Expert:  Joshua replied 2 years ago.
Thank you. If you cannot agree and require a costs assessment then you will be bound by the courts decision whatever that is (subject to appeal). However it would not normally be more than what the other party initially seeks though it could be more than any lower offer they make for settlement. You would also need to bear in mind that there is a fee for costs assessment which would be payable by you which can be found here:http://www.justice.gov.uk/courts/rcj-rolls-building/senior-courts-costs-office/fees
Customer: replied 2 years ago.

thank you

Expert:  Joshua replied 2 years ago.
No problem