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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been through a civil case which I lost. The amount of costs allowed under the provi

Resolved Question:

I have been through a civil case which I lost. The amount of costs allowed under the provisional assessment is £48k And I have been ordered to pay the claimants costs of the assessment in accordance with CPR 47.20. Am I still facing more costs?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for requesting me that this isn't really my area.
I will opt out for others
Customer: replied 2 years ago.

is my question now being passed to another?

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I have just gone through a provisional assessment of costs and have paid £20k interim and £7k costs of the assessment. I declined a hearing because was scared of incurring more costs. the figure i under duress agreed on was £48k. I just want to know what happens now. does the judge decide on the final figure, or do I have to liaise with the claimants solicitor. They said they are in the process of finalizing the costs from the draftsman.

Expert:  Ash replied 2 years ago.
Have they issued a default costs certificate?
Customer: replied 2 years ago.

No

Expert:  Ash replied 2 years ago.
Did you put points of dispute or agreed the whole figure?
Customer: replied 2 years ago.

we went through the preparation for the costs hearing, points of dispute etc... I declined the hearing because of more possible costs involved if I lost. I agreed the costs under duress. and now it has had the provisional hearing, where the judge has awarded the costs of the assessment, which I have paid. I want to know what happens next? does the judge then decide on the remaining costs? and issue a certificate of costs?

The claimants solicitors are finalizing their interest ?

Expert:  Ash replied 2 years ago.
Did you dispute any of the costs points?
Customer: replied 2 years ago.

yes I went through the points of dispute. I declined the costs hearing and under duress agreed costs of £48k. I have told you all this at the beginnig!. It went through a provisional hearing and now the judge has ordered me to pay the costs of the assessment. what happens next?

Expert:  Ash replied 2 years ago.
Yes I understand denied the costs hearing. I just needed to know if you disputed anything.
The costs will go before a cost officer or Judge and be approved. A costs officer generally only goes through items of dispute. If they are not disputed then the costs award will be sealed.
No need to attend as it will be done on the papers. The whole point of a hearing is to hear disputed matter and a decision is made.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

what do you mean sealed. So will I hear from the courts again with the final costs?. Or will the claimants solicitor tell me how much I have to pay?.

Expert:  Ash replied 2 years ago.
Yes you will hear from the Court. The Court will 'seal' ie stamp an order saying how much the costs are.
Does that clarify?
Alex
Customer: replied 2 years ago.

Yes thank you I just wanted to know the next step. as I do not trust the claimants solicitors. they said they are finalizing the interest etc. so will they send that to the courts and then I will hear from the judge with final decision.

Expert:  Ash replied 2 years ago.
Indeed. Good luck with this.
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
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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