In a nutshell. I had a business in Glasgow but now live in Manchester. A summons was raised for liability against me in Glagow and I attended the hearing. I was v close to having it struck out there but a request was made for a position statement from me and then a reply from the council.

Before adjournment I asked about my costs as the travel alone was close to 200 miles each way plus time to get there. I mentioned this is court and the advisor did mention "Ex Parti costs" if I won but to be fair, I didnt understand but it sounded like I could claim this back if won.

The council have emailed me and muttered this that and the other but said " "the Council will oppose an application and case law does allow public bodies to pursue legal proceedings “without fear of exposure to undue financial prejudice if the decision is successfully challenged.”

So they are saying they can drag me 400 miles twice and theres nothing I can do about it. I was going to instruct a solicitor because I struggled to speak at the hearing but now they are saying even if I win, I wont get my costs. Is this true?

Also on the day, they issued 600 summons at cost of £60. £36,000 for 1 morning s attendance.

Thanks

And just too add, I did email them 5 months before the summonds under a without prejudice notice, that I would defend any litigation and the costs for my solicitor was £700 plu VAT

Was you ordered to attend the hearing Isiris or was it by your own volition ?

Regards

Andy

Hi Andy

The summons was addressed to me and in a previous email the council had put, and I quote, ! If you disagree with our decision then you have the right to withhold payment and wait for a summons to be issued when you can present any evidence you hold to the magistrates for them to adjudicate on this matter.! I did exactly that and thought it would be thrown out there and then.

So I had to attend really or the liability order would have been stamped.

In regards future, we have a hearing 7th April where I have to submit a position staement in 3 weeks and the council to reply in 1 week after. The clerk to the court was th eone who mentioned costs as it cost me nearly £120 in fuel plus 9 hours of travelling.

Thanks for your time again.

So they was and are aware that you no longer resided in Glasgow..but Manchester.

I would submit your costs at the next hearing along with your position statement...which I assume will be another £120 in fuel plus 9 hours of travelling.

Just so you are aware the term Ex Parte

Latin term meaning "by or for one party." The term refers to an attorney's communication with:

Yes Andy. The summons was sent to my Manchester address.

He even said to the council, do you want to go this route as I am concious of the defendants (Not the term used but you get the drift) rising costs.

They actually asked for a Pre Trial Review and the clerk said there was no need.

Is this just hot air then that I can not claim my costs? If it is, I would prefer a solicitor to speak on my behalf as to be honest, its a penalty kick in my favour.

To be honest Im not really sure Isiris...having never encountered it before..I just look at the normal procedure in law and apply it.....but if there is an injustice being done and you have to attend to defend a matter and that due legislation is applied correctly...then its only right that your inconvenience should be compensated.

http://www.gardencourtchambers.co.uk/wp-content/uploads/2014/07/this-article1.pdf

If this is for a Liability Hearing for unpaid Business Rates then it is a plain Yes or No answer as to whether you owe it or not. There is no middle ground. As for enforcing it if they win then they do not have Jurisdiction unless they then go through the process of having it transferred through an English Court. As for your costs then alas I think you will be on a loser unless you can prove you did not owe the sums involved and they pressed ahead anyway.