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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2557
Experience:  Solicitor
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Dear All, I lost a court case on 2/12/10 coming up to 6

Resolved Question:

Dear All,I lost a court case on 2/12/10 coming up to 6 years. The judgement stated 'The defendant to pay claimants costs to be subject of detailed assessment if not agreed'.The defendant was on legal aid and had during the few years prior to trail 2-3 solicitors. When i did have solicitors we instructed a cost drafts man after the trail but the other side were responding 1 year after and we got to a settlement figure with the other sides solicitors but then they would go quite for another 1 year. (this is why the matter has still not been resolved after 5 years).The solicitors have agreed on a figure otherwise have threatened to start a claim for costs. I asked them to get signed authority that the claimant has agreed (as the case was with the claimant and the solicitors were merely acting for their client) but they have not sent anything. They only sent emails from the various solicitors saying they agree to the cost figure.I have a feeling the claimant is no longer in contact with the solicitors as he has not asked for the actual judgement amount (it is only the costs element that is being discussed). Do i have to pay the solicitors the costs ? Can the solicitors bring about a costs claim without there clients authority ? and if it goes past the 6 years on the 2/12/16 do i still have to pay the judgment
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Sorry this was a UK property case......
Expert:  Jamie-Law replied 5 months ago.

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

Just to be clear, did you ever appeal that Judgment?

Customer: replied 5 months ago.
No. The judgment is correct.
Expert:  Jamie-Law replied 5 months ago.

There is not a separate claim for costs, just the main Judgment which includes costs?

Customer: replied 5 months ago.
just the main judgment
Expert:  Jamie-Law replied 5 months ago.

Ok. Then yes they can pursue the costs element. If the court ordered you pay the costs then yes you do.

You can have the costs assessed by the Court if you think they are high, but generally you bear the costs of that assessment.
So yes, even if it goes past 2/12/16 you still have to pay the costs. There is a Court order. Unless you overturn that order costs are due.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Hi Jamie,I am not sure if i have been clear. I believe the claimant (who won the case got judgement for amount and costs) is no longer contactable. The solicitors of the claimant is trying to get costs but they have not provided any proof (ie signed letter from the claimant) to say that the claimant agrees to the costs being x.If the claimant is no longer around what legal right have i got to pay the solicitors (the judgement was between claimant and defendant (myself).
Customer: replied 5 months ago.
Can solicitors pursue the costs element without instructions from their client (the claimant that has won the judgment)
Expert:  Jamie-Law replied 5 months ago.

They dont need a specific letter from the Claimant.

If the Claimant has previously given instructions then costs can be reclaimed.

There is a Court Judgment against you, therefore the Solicitors can seek those costs.

If you have any doubt you can complain to the Legal Ombudsman http://www.legalombudsman.org.uk/

However in the event there is a Court order then costs can be recovered.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Shouldn't the costs award be assigned to the solicitors ?
Expert:  Jamie-Law replied 5 months ago.

No. they are acting on behalf of their client and costs are payable to them. Not the claimant personally.

Does that clairfy?

Customer: replied 5 months ago.
ok. Thanks. So they do not need authority from the client to take the matter to court to get the costs sum set in stone and enforce the judgement on the costs part?
Expert:  Jamie-Law replied 5 months ago.

No because they are owed costs.

Does that clairfy?

Customer: replied 5 months ago.
Sorry Jamie..... the judgement sates the claimant is owed the costs not the solicitors? is there any law i can research that backs up your point?
Expert:  Jamie-Law replied 5 months ago.

The solicitors are on record. Therefore any costs would be payable to them and not the claimant. That is how it works with court orders.

They are acting on behalf of the claimant and therefore payments are made to them, not the claimant direct.

Does that clairfy?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2557
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
thanks
Expert:  Jamie-Law replied 5 months ago.

Enjoy Sunday .....

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