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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1085
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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General question regarding a cost award If you attend court

Customer Question

General question regarding a cost award
If you attend court and loose the case, the court will generally award costs.
Can the loosing party object to the order and ask for it to be assessed as opposed to just paying what the court / winners say should be paid
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Please may I ask:
- is this a civil case?
- what track is this allocated too?
Kind Regards
Caroline
Customer: replied 1 year ago.

It is a civil case and it is multi-track.

One of the defendants is attempting to say he was only an employee.

There were 4 defendants, one was successful in this defence - she got awarded £120.00 costs - I can live with that.

However one of the others has put in an application to dismiss (at the pre trial review, held on Wednesday!), the main hearing - 5 days - commences on this Monday. He is saying his costs (he employed a solicitor to draw up the paperwork) is about £3,500.

Obviously that is a serious amount of money so can I if he is successful ask for his costs to be reviewed?

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
- Is the 3.5k just for paperwork or will it inlcude his representation at a 5 day hearing?
- has he prepared a statement of costs?
Kind Regards
Caroline
Customer: replied 1 year ago.

Just for advise given, a couple of letters/emails and preparing the paperwork. Not for the solicitors attendance.

he has not prepared a statement of costs

Sandra xx

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sandra
Thank you for clarifying that for me. My apologies for my delay in responding.
You should challenge any costs order at the hearing. If no costs schedule is prepared by him then this is going to help you.
You should make representations that the cost is not propionate to what he is stating.
The Judge can make a determination at the hearing as to what he considers is appropriate.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Customer: replied 1 year ago.

Thank you so much.

Do you think that it is not proportionate. I felt that it was way over charged. I would have expected about £1,500 - £2,000 to be nearer the mark

Sandra xx

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sandra
My apologies for my delay in responding to you.
It sounds very high to me - if there has been no attendance at court.
Really you should have been given a costs schedule - so that you could scrutinise this and tell the Judge why you consider it is excessive.
There are also Guideline Hourly rates - these were last updated in 2010 - but you can still argue that if the rate charged is in excess of this - then it should be reduced. See here:
http://webarchive.nationalarchives.gov.uk/20110218200720/http:/www.hmcourts-service.gov.uk/publications/guidance/scco/previous_rates.htm
Kind Regards
Caroline
ukfamilysolicitor and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks as usual you have brilliant xxxx

Expert:  ukfamilysolicitor replied 1 year ago.
Bless you! Glad I could help x