How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

CONSENT ORDER could you please advice if the following seems

Resolved Question:

CONSENT ORDER
could you please advice if the following seems appropriate. I am aware that I am seeking advice on drafting and not legal advice . I am the claimant in a building dispute and don't want the defendant to claim they are entitled to some other costs after I have signed the order. I am a litigant in person and Claimant and have negotiated default judgement on counterclaim to be dismissed. (reply to counterclaim was lost in post and I have applied for this default judgement on counterclaim to be dismissed as I have evidence that this was sent)
UPON the Claimant’s application dated 26 April 2015
AND UPON the parties having agreed to the terms of this Order
BY CONSENT IT IS ORDERED THAT:
The judgment dated __ / /2015 shall be set aside and the Claimant has permission to defend the Counterclaim in the terms of his Reply and Defence to Counterclaim, which is dated and signed --/--/ 2015. Re-service of the same is dispensed with;
The Claimant shall pay the Defendant’s costs of the application, which are agreed in the sum of £-- and payable within 14 days, so by 4pm on ------.
We consent to an Order in the terms above.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
The consent order starts you agree to pay the costs of the application. If you don't then do not sign it. Therefore as it stands they are entitled to their costs.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks , I have agreed to pay them £100, cost of them making application for default judgement was £50+solicitors costs . I just want the default judgement on counterclaim to be set aside as it has no chance of success.

Can the defendant claim any other costs other than what is agreed in the consent order for the default judgement on counterclaim to be dismissed? I think they have realised that it is likely that this default judgement will be dismissed. Thank you for your help again

Expert:  Ash replied 2 years ago.
No, they can't claim any other costs than those agreed.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your help excellent
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex