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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32926
Experience:  Over 25 years experience in law
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What does it mean if I'm a defendant in a building despite

Customer Question

What does it mean if I'm a defendant in a building despite and was court ordered to pay a certain amount. I've just been granted the right to appeal what does this mean in terms of a pending costs hearing? How can I delay the costs hearing? And what happens if I make an offer?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
how much was the judgment for
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32926
Experience: Over 25 years experience in law
Thomas Judge and other Law Specialists are ready to help you
Customer: replied 1 year ago.
22,398
Customer: replied 1 year ago.
How do we postpone the costs hearing? If we want to make an offer but would like the claimant to sign a lien release form to remove the lien on our credit and home.
Customer: replied 1 year ago.
Are you still there ?
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
I'm still here waiting for an answer
Customer: replied 1 year ago.
What's going on?
Expert:  Thomas Judge replied 1 year ago.
Yes. You need to make an application to stay as well as the application to appeal. This would allow the court to potentially pause the costs hearing. You would use a form N244.
Customer: replied 1 year ago.
We submitted the application to appeal and for a stay the right to appeal was granted but the right to stay was denied. We do not know how to proceed....how to cease the cost hearing on September 30. And we would like to make an offer just a few thousand below the judgement.but we're not sure what the right to appeal means? In terms of costs??
Expert:  Thomas Judge replied 1 year ago.
You are entitled to make offers to settle cases and also costs - you would normally mark such offers with the words without prejudice.
Customer: replied 1 year ago.
During the initial case, the Judge looked at an offer made in December 2014 of 15k that included cost from a P36 perspective that we refused. However, there was another offer made right before the court case of 3k PLUS cost. We attempted to find out what were the estimated cost but their solicitor was unavailable/did not answer. Their total cost is well above 30k. Hence, since the Claimant's offer was above the judgement shouldn't the Cost Judge dismissed their cost award?
Customer: replied 1 year ago.
Can you answer please
Expert:  Thomas Judge replied 1 year ago.
Why weren't P36 offers looked at at the conclusion of the case?
Customer: replied 1 year ago.
The judge used an offer made in dec 6 months earlier for an amount of 15k? He didn't use the very last offer of 3k plus cost. When we attempted to find out about the cost/offer and to negotiate; the claimants solicitor was unavailable until court.
Customer: replied 1 year ago.
Haven't seen your answer?
Expert:  Thomas Judge replied 1 year ago.
I am still confused as to why he was not presented with all of the part 36 offers - he should have considered them all - even to just provide a short judgment as to why he did not consider they applied
Customer: replied 1 year ago.
which falls into where we are - cost hearing coming up. We are planning of having a stay on cost for the following reasons - refused mediation and last offer (3k plus cost) above award. Secondly, if not successful, we need to have more time before Sept 30th cost hearing because we just received the right to apply for an appeal and we would like to get the transcripts of the initial hearing before the Cost hearing. What strategy/tactic should we consider?

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