Backdoor CCJ - Hospital - now HCEO NOE . N244/N245 Help ***WON Set a Side***

[Isiris]

Can anyone advise of the CPR number for serving costs on the other party please. TIA

[AndyOrch]

CPR 27 for Small Claims and CPR 44 for General Costs

[Isiris]

Thanks Andy

 

Another arguement over the costs I was going to use is

 

CPR 44/9.5/4(b) states that a summary assessment of cost must be served on the other side 24 hours of a hearing. In line with this, CPR 6A/10.2 says that Where the document is posted (by first class post) on a Monday (a business day), the day of deemed service is the following Wednesday (a business day). For the claimants claim for costs, these were posted on Friday so would be deemed served on Tuesday, after the hearing. No 24 hours allowance

[AndyOrch]

What track is this claim Isiris ?

[Bailiff Advice]

Such a shame that this post was started so late in the day. Please do post back with an update.

[Isiris]

Its a set aside for an initial debt of £725 so it was never allocated a track as it was a default judgement but would imagine small claims

[AndyOrch]

Then just ask the judge for costs (travelling /prep/day off work)...should the outcome go your way...if he allows it then you issue a bill of wasted costs on the claimant (after trial)...I would be concentrating more on the set a side at this stage rather than costs Isiris

 

Regards

 

Andy

[Isiris]

Sorry for the delay in replying. Cant stop sniggering.

 

The claim was set aside and was done so before I even said a word.

 

The claimant was XYZ Hospital. Though they didnt put plc, llp, ltd etc etc so the judge said that as there was no legal entity, the claim couldnt progress.

 

He then went to the witness statement and said he didnt have one. The other side said one was posted on the 9th and he said why the devil did you leave it so late?

 

When he set the judgement aside he then asked for costs. The solicitor said it was for £720 and the judge said well the work you have done isnt really worth £7.20. I pointed out that the costs had been sent to my old address and not the one on the Set Aside application so coulod not be deemed as served. He agreed and awarded no costs.

 

The solicitor got lower and lower in his chair as the hearing went on

[AndyOrch]

Excellent Isiris ....well done

 

Your costs?

 

 

Thread title amended to reflect the outcome

 

Regards

 

Andy

[Isiris]

To be honest Andy, I forgot all about them. I was just that gobsmacked. Id spent 5 hours prepping and labeling and highlighting that when I got the judge doing it all for me I just sat back and my script went out of the window.

 

I have emailed the solicitors and again, for the fourth time, asked them now to invoice the correct company and not me as an individual as agreed. Lets see what they come back

[wonkeydonkey]

Well done...you obviously got a Judge who had read the paperwork, so often is the case they don't have time to do that and that is when it all gets 'complicated' on the day.

 

Lets hope you now get this resolvd with the claimant and can put it all behind you.

[ploddertom]

Pleased to see you got a result. Very easy for us to say it is easy but appreciate when you are at the sharp end things don't look so rosy.

[Isiris]

I was so organised it was unreal. I had points numbered 1-17 with reference to everything I wanted to use as exhibits. I had 6 references to CPR that I had lined up but the judge did it all for me. Really pleased and thank you to everyone who helped.

[Bailiff Advice]

I think that you mentioned earlier in your posts that you had received guidance from Ploddertom. He truly is an expert in this area.

 

It is good of you to come back on the forum to let us know the outcome. Please continue to do so. Well done !!!

[doggone it]

Good to see another positive result.