How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jamie-Law Your Own Question

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 683
Experience:  Solicitor
Type Your Law Question Here...
Jamie-Law is online now

I have just been through a civil court hearing whereby I was

Resolved Question:

Hello, I have just been through a civil court hearing whereby I was taken to court facing charges of £26000 plus liability to the claimant, I was the defendant I represented myself. The claimant said I owed £26000 plus, his solicitor entered £17000 plus costs, they suggested one days hearing was sufficient. The entire first day was taken up by my revealing to the judge's satisfaction that the claimant and his counsel had exaggerated his claim. The judge awarded the claimant £13334 plus and £10000 costs, the rest to be agreed, and if not by court assessment. The judge recognised that half the claim made by the claimant was false and had been paid already. Because the hearing entered a second day the claimants solicitor added a further £6000 costs taking the whole costs to £23000 plus . I protested and pointed out that as the claimant had misrepresented his claim with untruths He should pay half the solicitors costs. I have since received a part 36 saying they will accept £18900 as full costs settlement, I have already paid £10000 of this. My question is would it be best for me to settle the part 36 offer or proceed to court assessment of costs and hope for a better settlement. Thank you Mr D. Shaw.
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello Mr Shaw my name is ***** ***** I will help you with this.

Does the part 36 say it is a global sum?

Customer: replied 1 month ago.
It says, The defendant to pay £18900.00 IN FULL AND FINAL settlement of the Claimants costs
Expert:  Jamie-Law replied 1 month ago.

Generally if costs are assessed you can knock about 25% off.

Therefore in this case if his costs are £23,000 you can expect to get it reduced to £17,250.

However that is not guaranteed and it may be that their costs are reasonable for the time spent.

So you could be going to Court and having costs assessed for a difference of £1650.

Its up to you, but if you fail to beat this costs offer then you are liable for their costs on the indemnity basis 21 days from the costs offer.

I would consider taking the Part 36, its always a risk and the margin is so close here

Can I clarify anything for yo about this today please?

Customer: replied 1 month ago.
Do you not think that the tremendous exaggeration (untruths) concerning his claim and sworn to but disproved would have any bearing on the court assessment procedure in my favour as the costs estimated were relevant to the amount claimed as owing by myself, which was unfounded and false?
Expert:  Jamie-Law replied 1 month ago.

It is a risk. The problem is the claim was found against you.

The normal rule is that costs follow the event, so you would be liable.

You could argue the claim was exaggerated and lies, but you still have a claim against you.

It is going to be a real risk. If you are going to go to the costs hearing I would suggest you take a costs draftsman and a Barrister to represent you.

There is a real risk if you dont beat the Pt36 offer you will get hammered.

I just invited you to consider the part36, but if you think you can do better, then get representation and go to the costs hearing

Does that clarify?

Customer: replied 1 month ago.
that has been help FULL, thank you.
Expert:  Jamie-Law replied 1 month ago.

Its a pleasure to be able to assist. If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 683
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice