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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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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 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year 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 year ago.
It says, The defendant to pay £18900.00 IN FULL AND FINAL settlement of the Claimants costs
Expert:  Jamie-Law replied 1 year 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 year 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 year 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 year ago.
that has been help FULL, thank you.
Expert:  Jamie-Law replied 1 year 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!

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