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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The legal costs occassioned and resulting from this application

Customer Question

the legal costs occassioned and resulting from this application be in the case
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?
Customer: replied 2 years ago.
I am a landlord and my tenant has not paid rent for 12 months we went to court for eviction and rent arrears. She has put a counter claim of disrepair. In order to avoid all the hassles we agreed we would not pursue rent arrears ( she has no money anyway) and we will pursue eviction so she can claim housing from council. Now we are signing a consent order prepared by her solicitor. The consent order simplay vacates the current hearing and we get three months to pursue eviction The last thing in the consent order says. THE LEGAL COSTS OCCASSIONED AND RESULTING FROM THIS APPLICATION BE IN THE CASE.
Customer: replied 2 years ago.
I have send you the consent order and the last line is what I am worried about.
WHat does this line means
Expert:  Ben Jones replied 2 years ago.
OK what this says is that the court has ordered for the legal costs to be ‘in the case’. This means that the party which loses the trial will be responsible for the legal costs associated with making this specific application.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Ben Isnt that by default for all legal court cases ?
The fact is we are settling out of cour anyway so why would they keep this clause ? They told me that if eventually yu are not able to settle we will use this. I think th other side is on no win no fee basis.
Expert:  Ben Jones replied 2 years ago.
Not at all, there are many ways in which costs can be awarded, see here:
http://www.lawteacher.net/law-help/lpc/civil-litigation/costs-orders.php
You may be settling but there is still an application in place and costs will be incurred from it. So if you do not end up settling and this proceeds, then there will still be an issue over costs and this is when this particular clause will kick in. Hope this clarifies?
Customer: replied 2 years ago.
so this cost will only come into picture if we do not settle and I loose.
Customer: replied 2 years ago.
which is the default anyway isnt it ?
Expert:  Ben Jones replied 2 years ago.
Yes correct
Customer: replied 2 years ago.
so I am not worse off signing this consent order from any perspective
Customer: replied 2 years ago.
You have seen the attachement I have sent for the consent order
Customer: replied 2 years ago.
please do confirm.
Expert:  Ben Jones replied 2 years ago.
Yes there is still an ongoing application which will be relisted, so it is the costs of that application which will be in the case, which means that if no settlement is reached and the application proceeds and there is a losing party, then they will be responsible for its costs
Customer: replied 2 years ago.
The consent order has no mention of the case is being resolved out of court ? so once she is evicted she may still claim and revive this application
Customer: replied 2 years ago.
is that a possibility ? should I insist on mentioning this in the consent order ?what should I be doing ?
Customer: replied 2 years ago.
Is there anything else I should be insisting on mentioning in this consent order.
Expert:  Ben Jones replied 2 years ago.
The consent order will not usually mention a settlement, this is done separately. So if you want you could try and settle formally before you agree to this consent order. I cannot advise on the contents of the consent order though and what else should go in - this is a separate query as your original question only concerned the matter of what costs in the case is.
Customer: replied 2 years ago.
Ben you have understood the case and seen the consent order. I just need a brief advice of the top of your head something that you would expect my lawyer to advise. This is not a seprate topic this is the same case same consent order ?? please help me. I will be writing a good review. Thanks
Customer: replied 2 years ago.
?
Expert:  Ben Jones replied 2 years ago.
There is nothing else that needs to go in he Consent Order - it only deals with relisting the hearing and the costs associated with the application - there is nothing else to o in there as it only deals with the relisting aspect. If you want to settle then that is something which must be done separately. Signing the order will not affect your rights in any way it just means you are not expected to go into court on Monday