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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22928
Experience:  Senior Partner at Berkson Wallace
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We are the responants in an adverse possesson case the

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We are the responants in an adverse possesson case the tribunal has taken place and we lost. Costs have been awarded against us
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: we have been to the tibunal it was last week the judgement arrived on Friday
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so,

Thank you for the information. What exactly is it that you want to know about this? You have not actually asked a question. Thank you

Customer: replied 6 days ago.
Re costs, Can you confirm ours will not be taken into account. Can we appeal against costs, And can you tell me once finalised when payment must be made ie in full, installments etc
Customer: replied 6 days ago.
i think we are too far down the road. We are not looking to appeal the judgement, just limit our exposure to costs

I am afraid that the general rule is that if you go to court or tribunal (but not the employment tribunal) and you lose (claimant or defendant/applicant or respondent) then you have to pay the witness costs and as you may have found out, lawyers will milk it for costs. It’s how they make their money-leeches.

You can of course appeal the costs would have been awarded although depending on the amount, they may actually be reasonable. What is reasonable in your eyes and the eyes of the public and what is reasonable in court 2 different things altogether. Please do bearing mind that if you appeal the costs order and you are not successful, you will end with more costs on top of the initial costs.

I’m afraid that it can be a rollercoaster.

If you are asking for time to pay the costs, then you should have done so in court at the time otherwise it means a further application back to court to be allowed time. If there is no mention of when the costs are to be paid, then they are payable immediately .

You the other side can agree a repayment schedule but if they won’t agree, you need to keep paying what you have agreed to pay and meanwhile, make an application to court to have the amount varied.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 6 days ago.
Thank you, the final decision on costs will be January, are you then given an amount of time to settle - few people have easily accessible money in the amount I anticipate it will be.

Fully defended simple tribunal claim could easily cost between GBP10,000 and GBP20,000 even if there was not a lot at stake.

The way the court looks at it is that you shouldn’t go to court if you don’t have the costs to pay but having said that a court will normally be more sympathetic to a losing defendant who is reactive in all of this rather than a losing claimant who is proactive and drove it all.

It would be an idea to write to the court now explaining the situation and asking for the letter to be put in front of the judge and that as you were the defendants in these proceedings and you were simply defending what you thought was your property, you did not expect to lose and therefore the costs have come out of left field and you would appreciate the judge would allow you to make a representation in respect of time to pay costs order.

It’s a nice appealing letter. It’s not normally the way a solicitor would deal with it but as a litigant in, you can get away with far more.

If you could help me, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise it today.

If anything else crops up, we can still exchange notes.

Kind regards.

Stuart J and 5 other Law Specialists are ready to help you
Customer: replied 6 days ago.
That's really helpful, I'll rate very highly

I am glad to help. Kind regards