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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello1- If I decide to appeal a court decision, do I have

Customer Question

Hello 1- If I decide to appeal a court decision, do I have to pay the court Order specified amount to the claimant (landlord) before I make the appeal or shall I wait for the appeal?

2- what happens if I pay just to avoid further possible interest charges, before I made my appeal, does that go against me in the appeal as if i have accepted it? And I f the appeal decision was in my favour should the claimant reimburse me for the amount I paid?

3-Also I have a decision from the judge in detail and in several pages which he based his conclusion and order which I have copied below:


Conclusion

1. For the reasons set out above the order of the court is that the Defendants will pay the Claimant £4,740 plus VAT (if relevant) and there shall be a final charging order in the modified sum of £4,740 plus VAT (if relevant) together with fixed costs of £256.00[1].


2. I invite Counsel for the Claimant to email first the Defendants and then the court with a draft order reflecting the above. I expect the VAT issue to be clarified and the correct amount for the fixed costs on the charging order to be added.






[1] This is the “normal” amount. It can be up or down a bit dependent on the disbursements. The Claimant should include the correct amount in the draft order

4- My question is, is it normal for the court to ask the counsel for claimant to make the draft order. 2- The judge has not made any order for interest above and asks the Counsel to make the draft order reflecting number 1, however the order I received includes a paragraph for Interest charges to be added until the payment is made. What shall I do about this discrepancy? can I just make the payment without the interest as the judge has not Ordered it above?



Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Unless that order is stayed yes you have to pay the sums ordered. But if the order is stayed then you do not need to.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.

Can you please read all questions and answer one by one as I numbered them. I asked 4 questions and you answer one line which is not even clear to what question of mine it is.

Expert:  Ash replied 1 year ago.
1. As above
2. No you have simply complied with the court order
3. Yes it's normal for Counsel to draft an order
4. Yes. Interest until payment made is set out by the court rules so does not need to be ordered by a judge because it's automatic.
Does that clarify?
Alex
Customer: replied 1 year ago.

Thank you

Please open my question to other expert as I need to have 2nd opinion . I do not see the interest charges automatic in CPR

Expert:  Ash replied 1 year ago.
Section 17 of Judgments Act 1838
17 Judgment debts to carry interest.
[F1(1)] Every judgment debt shall carry interest at the rate of [F28] pounds per centum per annum from [F3such time as shall be prescribed by rules of court] . . . F4 until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment.
Does that clarify?
Alex
Customer: replied 1 year ago.

No It does not. As I requested before I would like to have second opinion. Please open my question to other expert.

Expert:  Ash replied 1 year ago.
Ok good luck. Please don't reply as it comes back to me.
Alex