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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Is it possible to somehow find a way to pay no costs to the

Customer Question

Is it possible to somehow find a way to pay no costs to the other side in a high court I am about to launch? I am a self litigant about to face off with with an organisation with access to limitless insurance funding for any height or length of a court case (uses only Queen's Counsels ). All efforts to get them to agree to mediation has failed. So I am now left with no option but to head for court, but only because of their refusal to try mediation first.
Can I plead this to help with paying no cost; as the cost could be so huge that I could lose my home if I lost? I will not pass up my rights and unyielding determination to seek justice. Is there any way in the world to show the court that I only went to court because of the defendant's recalcitrance to try mediation? I can also tell the court that I warned them that if I lost the court case I will be unable to pay their costs because doing so will mean losing the roof over my family's heads? Please advice.
Submitted: 13 days ago.
Category: Law
Expert:  Jamie-Law replied 13 days ago.

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

Sadly that is not relevant to whether costs are payable.

The rule is if you lose you pay the other side costs.

It then come down to quantum. If you disagree with the sums claimed then it would be subject to detailed assessment.

It would go before a costs judge who would decide how much to pay.

But inability to pay is not the test.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 12 days ago.
It is not inability to pay (that was just an explanation to you); but the unreasonableness of the other party in not agreeing to go for mediation is what I would kindly request you to address.
Expert:  Jamie-Law replied 12 days ago.

It can be a factor, but is not the determining factor. The parties should consider Court as the last option and try and resolve the matter themselves.

So if the other party refuses mediation or any attempts at settlement and wins, it then goes to the QUANTUM of costs.

Does that clarify?

Expert:  Jamie-Law replied 7 days ago.

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