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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was involved in a case (chancery division) whereby my property

Customer Question

I was involved in a case (chancery division) whereby my property was put under caution because the claimant said that my house actually belong to my aunt who owed him money. I was the first defendant and spent days reading and preparing statements and took time off work and sometimes paid for flight tickets to make it for court hearings. The court ruled in my favour. My question is am I entitled to claim costs of expenses I paid for and for losses from time off work?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you ask the Court for costs at the time the claim was dismissed against you?
Alex
Customer: replied 1 year ago.
My solicitor asked for his costs but when I asked my solicitor for the expenses I lost he said he has never heard of such a thing
Expert:  Ash replied 1 year ago.
Just to be clear it was a case that went to Court?
Alex
Customer: replied 1 year ago.
Of course. From July 2013 till October 2015
Customer: replied 1 year ago.
In case I wasn't clear, the court put my house under caution for three years
Expert:  Ash replied 1 year ago.
Ok. At the end of a case if it is dismissed you are always entitled to ask for your costs. If your Solicitor didnt then they may have been negligent and you could make a claim against them. But if you are represented you can't claim loss of earnings, only your Solicitor legal costs.
But your Solicitor should have asked them when the case was dismissed. The rule is the losing party pays and sadly its too late to do anything about it now as you only have 21 days to appeal.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
What about the flight tickets and the time I spent on the case? The first defendant who wasn't represented by a solicitor, only a barrister, was awarded money for the hours she spent and travel expenses. Can I do the same?
Expert:  Ash replied 1 year ago.
Travel expenses yes. The Barrister is entitled for time spent as they are a legal representative. But as I have said this should have been done at the hearing. It was not and as such you are now too late.
I am sorry.
Alex
Customer: replied 1 year ago.
But the claimant has started payments to my solicitor, as I told you, my solicitor asked for costs and I assume that these involve solicitors and councils fees and also include money for me to pay my travel expenses and the days I took off work. my solicitor has said that he has never heard of paying a defendant for loss of earnings
Expert:  Ash replied 1 year ago.
No you wont get loss of earnings. You are only entitled to travel and legal costs.
Does that help?
Alex
Customer: replied 1 year ago.
Ok thank you very much
Expert:  Ash replied 1 year ago.
Good luck
Alex
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Customer: replied 1 year ago.
I paid my solicitors legal costs so the solicitor must pay me back that right? How long should that process of paying me back the solicitors fees take?
Customer: replied 1 year ago.
Yes I saw the star I will definitely rate you
Expert:  Ash replied 1 year ago.
Yes. Of course it depends on whether the other side keeps the payments. But when the payments come in as soon as they clear they should be forwarded. Clearly there is still a cost to you for this, so you perhaps want to limit it to once a month.
Thanks in advance for the rate.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Expert:  Ash replied 1 year ago.
Good luck
Alex