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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14392
Experience:  Solicitor
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Re Residential land sale transaction. We are trying to

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Dear Sir/MadamRe Residential land sale transaction.We are trying to clarify and issue over a Court Case we were involved in.We were issued with details of a potential High Court action against us for about £2,000,000.00 pounds in 2014. We instructed solicitors and started the dialouge with the other party. In March 2015 we were issued with papers from the High Court. There were outher parties involved in the property deal on our side in this transaction, our solicitors informed us we could counter sue these. The problem we had was that the court fees had increased from £1,920.00 when we were served to £10,000.00 a few days later (March 2015) therefore we could not afford to counter sue the 2 other parties and therefore had to settle out of court and left me with substantial debt. The question I have was there any mechanism / appeal to the court, in place at the time for us to pay the same to serve notice on the other parties as amount of the increase seems extremely unfair.RegardsBarry Wheeler
01249 892086
07836 632936

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

When you settled, was there a consent order?

Customer: replied 1 year ago.
Did you receive my reply.
Just in case. I can confirm it was agreed by thought the Courts (before any hearing). I appreciate that part is binding but I want to know were there any procedures in place to have the courts fees reduced on a like for like basic that my solicitor should of notified me of.
Regards
Barry Wheeler
01249 892086

Sorry no I did not.

What did the consent order say about costs?

Customer: replied 1 year ago.
The settlement figure included the other sides costs, it was not broken down.

What did it say about costs?

Customer: replied 1 year ago.
Nothing, all costs were included in the settlement figure.

Ok. So have you complied with the order?

Customer: replied 1 year ago.
fully.

ok. They can’t ask for costs. If it was a global sum and it was paid in accordance with the order then nothing additional is owing,

The consent order is a contract. If you have complied then they can not charge extra.

Especially if it was a global sum, nothing else is owing.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 year ago.
Sorry you seem to have misunderstood my question, please see below ( i want to know if i have any claim against my solicitor as below :-
We were issued with details of a potential High Court action against us for about £2,000,000.00 pounds in 2014. We instructed solicitors and started the dialogue with the other party. In March 2015 we were issued with papers from the High Court. There were other parties involved in the property deal on our side in this transaction, our solicitors informed us we could counter sue these. The problem we had was that the court fees had increased from £1,920.00 when we were served to £10,000.00 a few days later (March 2015) therefore we could not afford to counter sue the 2 other parties and therefore had to settle out of court and left me with substantial debt. The question I have was there any mechanism / appeal to the court, in place at the time for us to pay the same to serve notice on the other parties as amount of the increase seems extremely unfair.

But you paid the consent order sum?

Customer: replied 1 year ago.
but was there any option to reduce the £10,000 court fees for counter suing to the same as and the company who were suing me i.e £1950.00, was there any mechanism / appeal to the court.

Not now. It is a consent order.

You can only take it back to Court if a party has breached if.

Because the judge didn’t make the order, it was done by consent you can only appeal if

1) the decision was wrong in law

2) court procedure was not followed

3) the decision made by the judge was unreasonable

As you made the agreement then sadly there are no grounds to appeal.

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 1 year ago.
I am looking at a 'professional negligence' claim against my solicitor there appears to be reasons why he should have advised me on obtaining reduces Courts fee, please find below and attached items that I have found on the web. Do you think i have a claim.
Please follow link below plus other information attached
https://kerryunderwood.wordpress.com/2015/11/25/court-and-tribunal-fees-and-remissions/
Regards
Barry

I think you have a claim, yes

Does that clarify?

Customer: replied 1 year ago.
thank you.

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face on the page before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

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