I need afew more posts.

I think this one may let me if not I dont know what to do?

28th Feb 2011

Dear Sirs and/or Madam.

Please find our bill of costs of youraborted appeal hearing at Winchester Court before HH Judge Hughes on 10thFeb 2011.

1. The defendants costs anddisbursements of your negligently brought and aborted case

I claim my costs in your recent erredaction against me as per SECTION 22.1 and I claim for time spent anddisbursements under the following.

The costs will be no more than two thirds of the sum which asolicitor could reasonably have charged for doing the work (CPR Section 48(6).

22.5 Calculation of Disbursements

Our Costs are made up accordingly

A: COSTS

Preparation for 1st hearing13/04/2010 2 ½ hours @ £136.00 per hour(1st defendant) £340.00

2hours @ £136.00 per hour (2nd defendant) £272.00

2hours @ £136.00 per hour (3rd defendant) £272.00

Total6.5 hours

(Seeking advice from solicitors) 1.5hours@ £136.00 per hour (2nd D) £204.00

1hour @ £136.00 per hour (3rd D) £136.00

Total2.5 hours

Attendance at 1st hearing13/04/2010 4 hours @ £136.00 per hour(1st D)

4hours @ £136.00 per hour (2nd D)

4hours @ £136.00 per hour (3rd D)

Total12 hours

£1,632.00

Completing & filing application forappeal hearing (To have case struck out under CPR rules) 21/04

1 ½ hours @ £136.00 per hour (alldefendants) £204.00

Preparation and research for grounds toappeal and preparation of skeleton argument for appeal hearing 21/04/2010 (Varji)

Total6 hours @ £136.00 per hour (2nd D) £816.00

Attendance at appeal hearing 24/05/2010

4hours @ £136.00 (1st D) £544.00

4hours @ £136.00 (2nd D) £544.00

4hours @ £136.00 (3rd D) £544.00

Total12 hours

£1632.00

Completing and filing application toappeal erred decision of J Varji 15/06/10

Total6 hours @ £136.00 per hour(1st D) £816.00

Preparation for hearing for permissionto appeal decision of Varji 15/06/2010

2 hours @ £136.00 per hour(2ndD)

2 hours @ £136.00 per hour (3rdD)

Total4 hours

£ 544.00

Application and service on (claimantssolicitors & Courts) for permission to appeal the equally erred decision ofJ Hughes 14/07/2010.

Total1 ½ hours @ £136.00 (1st D) £204.00

Preparation for hearing (J Willis)02/07/2010)

6hours @ £136.00 per hour (1st D)

4hours @ £136.00 per hour (2nd D)

2 hours @ £136.00 perhour (3rd D)

Total12 hours £1632.00

Attendance at hearing 02/07/2010

4hours @ £136.00 (1st D)

4hours @ £136.00 (2nd D)

4hours @ £136.00 (3rd D)

Total12 hours £1632.00

Preparation of witness statement’s/documents and evidence as ordered: J Willis 02/07/2010 for hearing bundle

19hours @ £136.00 (1st D)

15hours @ £136.00 (2nd D)

6hours @ £136.00 (3rd D)

Total40 hours £5440.00

Meetings with (MP) Mr Robert Buckland(discussion over legality of claimant’s purported injunction, advice

04/06/20102 hour @ £136.00 per hour (1st D)

04/06/20102 hour @ £136.00 per hour (2nd D)

Further discussion with MP (legalityover rights to use steps)

16/07/20101 hour

16/07/20101hour

Meeting at Swindon Council offices withR Blur and Legal Department representative.

28/06/20102 hours @ £136.00 per hour (1st D)

28/06/20102 hours @ £136.00 per hour (2nd D)

Meeting at MP R. Buckland offices 10/12/2010 2 hour @ £136.00 per hour (1stD)

Meeting with MP Buckland in relation tofurther evidence

04/02/2010 2 hours @ £136.00 per hour (1st D)

2 hours @ £136.00 per hour (2nd D)

Total16 hours = £2176.00

Total time for meeting with counsel 6hours @ £136.00 per hour (1stdefendant)

Total time for meeting with counsel 6hours @ £136.00 per hour (2ndDefendant)

Total12 hours £1632.00

Total of 144hrs @ £136 ph= £19,584.00

B: DISBURSEMENTS

Application fee notice to appeal21/04/2010. £120.00

Application fee for oral hearing forleave to appeal Judge Varji erred decision

15/06/2010 £75.00

Application fee for leave to appeal HHJudge Hughes QC, erred decision

14/07/2010 £40.00

Total= £235.00

Travel to Keating Chambers London tomeet with counsel.

From Swindon to Hammersmith London 77mlseach way = 154mls @ .60p per mile £ 92.40

Parking at Hammersmith 4 hours £2.80 perhour (1st D) £ 11.20

Photo copies of documents, witnessstatements/ evidence for 1st defendant

Colour: 9x 4@£1.00 per sheet £ 36.00

Colour: 45 @ £1.00 per sheet (Copies forcounsel) £ 45.00

Black and white: 202 x 4 @ 25p persheet £ 202.00

Black & white: 71 @ 25p per sheet(Copies for counsel) £ 17.75

Photocopying of documents, statement,evidence for 2nd defendant

Colour: 23 x 4 = 92@ £1.00 persheet £92.00

Black & white 8 x 4 = 32 @.25p per sheet £ 8.00

Photocopies of documents, statements /evidencefor 3rd defendant

Colour16@ £1.00 per sheet £ 16.00

Black& white 40 @ .25 per sheet £ 10.00

Cost of Mr. Mort’s train fare to attendhearing Winchester 22/08/2010: £ 46.80

Cost to access PNC records (evidencerelating to your clients false allegations)

1st + 2ndDefendant’s £ 20.00

Preparation of bill of costs 2 ½ hours @£136.00 per hour (1st D) £340.00

Preparation of bill of costs 2 ½ hours @£136.00 per hour (2nd D) £340.00

Preparation of bill of costs 2 ½ hours @£136.00 per hour (3rd D) £340.00

Total disbursements £1,852.15

A + B Grand Total £21,436.15

As per your solicitor’s request we haveeach had to waste even more of our time adding and calculating our losses causedby you/your solicitors incorrectly started action, and failure to answer anyquestions and requests from our barrister. ie; failure to commence proceedings.

As your solicitors have in the pastshown negligence in understanding the Civil Procedural Rules. I have for all yourbenefit reproduced the relevant rule here.

And Rule five (5) covers the train fare asour counsel had represented two defendants at Winchester CC.

48.6

(1) This rule applies where the courtorders (whether by summary assessment or detailed assessment) that the costs ofa litigant in person are to be paid by another person.

(2) The costs allowed under this rule must not exceed, except in thecase of a disbursement, two-thirds of the amount which would have been allowedif the litigant in person had been represented by a legal representative.

That’s means you or your negligent solicitors have to pay 2.3rds ofyour negligent solicitors Fees of £205 per hour.

(3) The litigant in person shall be allowed – (please notethat SHALL is the operative word)

(a) Costs for the same categories of –

(i) Work;and

(ii) Disbursements,

Which would have been allowed if thework had been done or the disbursements had been made by a legal representativeon the litigant in person's behalf;

(b) The payments reasonably made by himfor legal services relating to the conduct of the proceedings; and

© The costs of obtaining expertassistance in assessing the costs claim.

(4) The amount of costs to be allowed tothe litigant in person for any item of work claimed shall be.

(a) Where the litigant can provefinancial loss, the amount that he can prove he has lost for time reasonablyspent on doing the work; or

(b) Where the litigant cannot provefinancial loss, an amount for the time reasonably spent on doing the work atthe rate set out in the Costs Practice Direction.

(5) A litigant who is allowed costs forattending at court to conduct his case is not entitled to a witness allowancein respect of such attendance in addition to those costs.

(6) For the purposes of this rule, alitigant in person includes –

(a) A company or other corporation whichis acting without a legal representative; and

(b) a barrister, solicitor, solicitor’semployee, manager of a body recognized under section 9 of the Administration ofJustice Act 1985 or a person who, for the purposes of the Legal Services Act2007, is an authorized person in relation to an activity which constitutes theconduct of litigation (within the meaning of that Act) who is acting forhimself.

Eeek! ok

If you claim the amount of £136 per hour then no opposing solicitor is going to agree without a fight and possibly an appeal IF the judge sides with you.

The Litigant rate is £9.26 an hour and that is the amount you should be charging them per hour if you want this settled outside of court, unfortunately you've given them this list already so you cant even increase the hours to push up the totals now as they know how many hours were claimed for

CPR states:

An amount which is normally calculated at a prescribed hourly rate, currently £9.25 per hour, for time spent by a litigant in person on case preparation including any work which might properly be charged for by a solicitor. This is subject to a ceiling of two-thirds of the amount which would have been allowed to a solicitor for doing such work

Just my opinion tho and if you feel happy arguing it in front of a judge then thats the way I feel you will have to take this.

S.

We have now passed it all to a costs draughtsperson. If they want to find that I didnt claim for extra hours I,m happy.

After all I,m just a LIP.

But argue it we will.

They bit that helps me the most is the case listed above. It is achievable and I will post when it,s done and the monies are in the Mrs purse.

Nice one telling a QC he,s wrong though.

We have now passed it all to a costs draughtsperson. If they want to find that I didnt claim for extra hours I,m happy.

 

After all I,m just a LIP.

 

But argue it we will.

 

They bit that helps me the most is the case listed above. It is achievable and I will post when it,s done and the monies are in the Mrs purse.

No probs, best of luck.

S.

Having read all the posts I still refer to my earlier posts where i believe that the most a LiP can claim is £9.25 per hour upto a maximum of 2/3 of what a solictor would charge (prob between £150 - £200 ph), I dont agree with the case where someone claimed £136 per hour (as this was 2/3 of an HOURLY rate) but to be honest CPR isnt exactly clear on the isssue but I'm sure there must be case law.

Anyway it appears that the OP is a bit miffed because he can only charge a LiP ratye compared to the other side's solicitor rate of £200 (or whatever it is). It does seem unfair but thats the way the law is, either side is free to employ the services of a solicitor or not, another way of looking at is is that you as a LiP have got little to lose (personally cost wise) whereas the other side that employs a solicitor has to pay the solicitors costs and should he lose he would also have to pay you your original claim amount, so there are pros and cons both sides.

Personally in my case I was facing a bill of perhaps £10k should I have lost, as the defendant had employed solicitors and counsel, but just before the court ,date, I suspect that the defendant didnt want to risk spending £10k on a solicitor and losing so he offered to settle which suited me.

Andy

Ok. Ive read the pdf posted on here and surely all that does is confirm the view point that I (and others) have posted, the Judge states:-

lawyer.

Which seems correct, the original judge Collins J seems like an idiot with no knowledge of costs for LiP person, £120 thats laughable !!... good to see the claimant he ended up with over £10,000 which would appear correct working on the basis of 1200 hours (including reasearch) x £9.25.

Andy

OK thanks for that I will now tell the costs draughsperson to add all my research. Thats another 500hrs.

Would I be able to claim for a wasted costs order as well or is it one or the other?

Just to put the record straight. The Solicitors Regulation Authority definately deal with complaints about the opponent's solicitor if it's about professional misconduct. It appears to me that dealing with you in the manner that he has you should report him. Letters, letters, letters, not telephone conversations.

I reported a solicitor for the other side to the SRA, causes the errant solicitor a lot of paperwork and if complaints stack up serious things happen. Man from Swindon will not be happy with this and may have had previous complaints made. It's true that you won't receive compensation but it will cause him the grief he deserves.

Your anger is understandable but unfortunately until you start thinking like they do (i.e. the professionals) you will not understand their tactics. Think of it as a game of chess. It is only my opinion but it appears that this man from Swindon is trying to scare you off. Follow up with letters and rule number one NEVER, NEVER, NEVER telephone them no matter how frustrated you are.

Most importantly CALM DOWN!

Thanks for the replies and support guys.

I have to go to work now but when I,v finnished I will put up a letter sent to them by the Probono which lists the way this case was handled.

I also think he deserves his own special mentioning on the Solicitors From Hell website

And like advised, you complain in writing to the SRA, keep doing so, he deseeves it.

Although youve already shown your hand in hours, IMHO, you have a hell of a lot of research hours that need to be factored in to your costs. So, work out how much each part of the law cost you in time. ( it'll be more than the 500 youve just quoted I'm sure).

Then if this turd squeeks about it, explain to court that you have since researched the LIP statutes and realised that your research can be included.

Hi there. For those of you who gave advice thanks and here is an update.

I got my costs at £20, although an accountant had given writen evidence to say that I had earned £25 net. I got all my expences, printing fee,s etc and interest. Others got a lesser rate but the new higher rate for all work done after the new rates came in.

The smarmy ****** then tried to hand over at the end of the hearing a letter claiming £1500 for the costs of attending a hearing were I had claimed the full 2/3rds rate.

I threw it back at him as did all the others only mine came with vengance. I told the judge that there was no way that I would allow this fool to be paid this from the money he owed us as the very reason for all the trials and tribulations was because of his negligence.

The judge then asked if we had seen this document previously, to which I said, youve just seen him hand it to me and yourself, so how could we have seen it before. He then ponderd and anounced that it wouldnt be accepted as it should have been given to all parties atleast 24hrs before.

This was the mode of opperadi for the whole of the case, documents would be given just before entering for a hearing, changing the claim, for which we had spent week preparing for, and then i twould all changed.

Anyway that parts delt with.

Now I would like to know if I can now sue the errant morron for damages for the negligence in the way he ran the case and the two heart attacks I had due to his negligence.

Is the person you wish to sue the solicitor for the other side? I haven't read your whole thread but I have skimmed through it, who do you want to sue and why?