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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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In March 2015 I successfully sued a local taxi owner

Resolved Question:

In March 2015 I successfully sued a local taxi owner for breach of contract.( paid for return fare but did not arrive)
The court found in my favour and I was awarded the cost of the fare £42.50, plus costs.
I assumed I would be awarded all costs involved, ie. the court fee of £30, plus the hearing fee of £25.,
The latter sum I paid due to the fact that the defendant refused arbitration, whilst I wanted to pursue that course.
I have written to ask why the judge did not award this sum, and the reply I received was quite amazing.
The judge replied, " that the notes on file do not support a claim for a hearing fee.The Judgement cannot be amended without consent of the Defendant unless an application on notice is issued."
I did not understand, and telephoned the court for clarification.
I was informed that I would need to pay yet another fee for an application on notice.
The defendant has not paid the sum outlined in the original judgement (£42.50, plus £25 for the summons)
I have a limited pension income and feel very hesitant to part with any further fees unless I can reclaim them in full from the defendant.
Please advise
Regards
Margaret Roughley
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you ask for costs on the day please?
Customer: replied 2 years ago.

The judge had the paperwork, and I assumed that fees for both the summons and hearing fee were combined.

I was not asked any questions regarding costs

Expert:  Ash replied 2 years ago.
Sadly you need to ask for costs at the hearing. If you did not then you need to make a formal application to vary the order or appeal it.
If you wanted costs then really you needed to ask at the hearing, the only way now is to apply and vary the order with evidence of what you paid.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

will I be able to recover the extra costs involved in applying to vary the order.

The defendant has not paid previous judgement

Expert:  Ash replied 2 years ago.
Yes you may be able to if the Judge allows you to. You need to show you have paid them.
Does that help?
Alex
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

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