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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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A judge has ordered defendants in a civil case to pay £90k

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a judge has ordered defendants in a civil case to pay £90k as a "deposit" pending detailed calculation what does the final position tend to look like?
JA: Where is this? It matters because laws vary by location.
Customer: Bournemouth
JA: What steps have been taken so far?
Customer: final judgement has be sealed and costs forwarded to specialist review
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There was a failed (by defendant) mediation but think thats privileged they also had to pay costs of a hearing about their failure to meet timescales and detail. They self represented

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you explain the background to your question please?

Customer: replied 14 days ago.
A right of way property dispute where a neighbour blocked an emergency exit
Customer: replied 14 days ago.
I am an accountant and I think I know that a professional would leave a margin of error in establishing a deposit, so that this was never more than the final computation. I would expect a "tolerance" of say 80%
Customer: replied 14 days ago.
Just looking for a broad understanding of how it works

I’m not certain what the questions here because if the judge has ordered the defendants to pay GBP90,000 deposit, that’s what they pay.  There is no argument unless the Defendant wishes to appeal it and they can only appeal if the judge has made an error of law or an error of fact.

Customer: replied 14 days ago.
But this is a sum on account pending a detailed cost hearing, there must be a "message" being given by the judge for an order of magnitude

Yes, I appreciate that it’s money on account that would presumably be to make sure that the Defendant has the costs somewhere and prevents the defendant in effect putting them beyond the claimant’s reach.

The detailed assessment may come in is more or less but if the judge has ordered GBP90,000 then it is GBP90,000 as I said before, if you want that changing then it has to go to appeal.

I’m not certain what the point is that you’re trying to make

Stuart J and other Law Specialists are ready to help you
Customer: replied 14 days ago.
As there will be a detailed cost hearing there must be an ejudication. It seems to me that the award of a definitive cost will not logically be less than the deposit figure. The current judge must me expecting a higher outcome

Judges routinely pull figures out of midair based upon estimates.  It is not an exact science.  Your assumption is not necessarily correct.  He would be expecting a figure there or thereabouts which may be higher or lower and if lower, the balance would obviously be returned.

Customer: replied 14 days ago.
Thank you