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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A claimant won summary judgment against a defendant who was

Customer Question

A claimant won summary judgment against a defendant who was unrepresented because of lack of funds and was too ill to attend court. Subsequently the losing defendant paid £300,000 into court which covered the claim of £200,000 in full together with £100,000 for costs. Costs were not assessed by the court and the defendant intended to argue that costs of i£100,000 were excessive, particularly as the claimant had previously rejected mediation.
Shortly afterwards the defendant was bankrupted by HMRC. Subsequently HMRC's claim dissolved and HMRC has paid £13,000 into the defendants estate. Despite the above payment of £300,000 into court, the claimant submitted a claim for an additional £150,000 in costs. Should the insolvency practitioner have admitted this as a debt or rejected the claim?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Were those costs assessed by the court please?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No
Expert:  Ash replied 1 year ago.
Unless there is a valid judgment of the costs then these should be rejected.The court has power to asses costs and the IP should have rejected these if they were high.Their duty is to get the best deal for the creditors and costs should have been assessed.Can I clarify anything for you?
Expert:  Ash replied 1 year ago.
Do you have a number to chat on if you want to discuss this?
Customer: replied 1 year ago.
***********
Expert:  Ash replied 1 year ago.
calling now. Alex