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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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FOR ALEX WATTS: Query is regarding calculating costs in

Resolved Question:

FOR ALEX WATTS:

Query is regarding calculating costs in order to come to an agreement:

We had a trian on 10.01.13. The decison was adjourned and a Cost order was given 27.03.13

Pursuant CP 36, I (Claimant) received my costs prior to 26.10.12 and the (Defendants) get costs after 26.10.12

My costs and damages prior to 26.10.13 = £7000.00

The Defendants' costs commenced 04.10.11 and they recently disclosed their total costs for the entire case, up to 10.01.13 = £14,000. (£500.00 of that was for an unsucessful application), so total costs for case they can claim = £13,500.

The Defendants also stated additional costs of £3910.00 from the trial date to the date of the order 27.03.13.

Am I right in my calculations, start of Defendants' Costs to trail date, or 04.10.11 to 10.01.13 = 66 weeks

According to the order, the Defendants are only entitled to 10 weeks out of the 66 weeks of toital costs, 26.10.12 to 10.01.13, or 15% of £13,500 = £2025.00

If we agree on additional costs they stated £3910.00 + 2025.00 =
£5935.00 Defendants Costs

In addition, since the amount they offered beat what i received in damages, are the Defendants' entitled to *% interest on the £5935.00 Total Costs?

Any help would be appreciated.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Thank you for requesting me again.
Alex Watts : What were the Defendants costs just from 26.10.12 to 10.01.13 please
Customer:

When I requested adjusted costs as per the order 27.03.13, they provided me costs of nearly £24,000 Statement of costs from 26.10.13 to 27.03.13.

Customer:

Then I made FOI Requests and they stated total costs/disbursements for the entire case, from 04.10.11 to 10.01.13 was £14,000, and they stated additional costs of £3910.00 for 10.01.13 to 27.03.13

Customer:

So the adjusted costs they provided were inaccurate, incorrect, excessive, and impossible

Customer:

I wrote to the other side and let them know I wanted to come to agreement based onaccurate and true costs, they have yet to respond

Customer:

Hello Alex

Customer:

Thanks again for your advice and help

Alex Watts : Ok. Does the order from the court state subject to detailed assessment if not agreed?
Alex Watts : Note I am in court shortly so will be offline but will respond when I am out
Customer:

I think the order does state subject to detailed assessment if not agreed. I want to agree on costs, based on actual and true costs, not costs I can show are excessive and not true

Customer:

I just wanted to know if what I calculated, based on what the Defendants have provided, would be correct

Customer:

We asked for a breakdown of costs and commentary or narrative on how time was ocassioned, the Defendants refused

Alex Watts : You can ask for a detailed printout of work done from 26.10.12 to trial. All solicitors have this and you should ask for a copy. I am not sure if it is called anything apart from the detailed works print.
Alex Watts : it will show who has done what, how much time spent and the fee for each item.
Alex Watts : Ask for this because if it went for detailed assessment this is what the judge will require.
Alex Watts : That way you can see what the actual proper costs were and how they were billed.
Alex Watts : Does that clarify the position for you? Alex
Customer:

It does clarify the position for me.

Alex Watts : Great. If I could invite you to rate my answer as always please. Thank you.
Customer:

Unfortunately, the Defendant is a Council and their solicitors have been dishonest and tried to rip me off. It took me 2.5 months to get a proper response in regards XXXXX XXXXX total costs for the case, + additional costs from the date of trial to the order.

Customer:

Now they see that I have evidence the costs they initially provided are both excessive and impossible, and that they may need to contribute towards my costs, so they don't want to do things properly. They know they would have a hard time accounting for, and justifying £3910.00 from the triual date to the order. The trial was listed for one full day, 8 hours. The trail lasted less than 5. All the time was spent waiting for the decision and then drafting an order. The additional costs wouldn't amount to more than £500.00.

Customer:

I juts want to come to agreement, based on actual and true costs, wrote to them and let them know this

Customer:

they don't want to do this

Customer:

so only choice is Cost Hearing, which I would rather avoid, but would do if this was the only option

Alex Watts : If they refuse to provide a breakdown then they can try and explain this and the difference in costs to a judge.
Alex Watts : but it looks like you may have to do that
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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