Legal cost .. How can I dispute it ?

[C_Berry]

I'm newbie .. sorry if I'm post this in the wrong place ..

 

I'm an individual .. I lost a legal case against two powerful organisations. The statement of their legal costs is unbelievably high .. How can I resist/dispute that in an attempt to make it reasonable?

[citizenB]

I will try and find someone who can help.

[BazzaS]

I'm newbie .. sorry if I'm post this in the wrong place ..

 

I'm an individual .. I lost a legal case against two powerful organisations. The statement of their legal costs is unbelievably high .. How can I resist/dispute that in an attempt to make it reasonable?

 

Lost in which court (county court ? Which track?? Or High court?)

Have they provided a bill of costs? Were costs awarded (against you) on a 'standard' or 'indemnity' basis?

Litigation can be expensive !

 

If not in the small claims track of the county court :

You can apply to have the costs 'taxed' (assessed) by a senior judge ('Master'), in the process also known as a "detailed assesment" but you'd be wise to ask for a breakdown first. If the breakdown suggests their costs are reasonable you'll only add to them by creating more expense ....

 

https://www.gov.uk/courts-tribunals/senior-courts-costs-office

 

How much is being claimed?

 

(a) does not exceed £15,000; £325 detailed assesment fee

(b) exceeds £15,000 but does not exceed £50,000; £655 fee

© exceeds £50,000 but does not exceed £100,000; £980 fee, and so on

 

p 133-134 of https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/430874/senior-courts-costs-office-guide.pdf

[C_Berry]

Thank you very helpful information ..

 

It is Employment Tribunal (ET) .. The statement of their legal cost is about £70,000. There is a hearing for the judge to decide upon the cost and it seems that the judge will allow it .. I don't have a solicitor but I have to do my best to dispute it during the hearing .. Any help/idea/method will be really appreciated

 

They provided the hours spent and the rates under general titles such as "work done on documents" or "reviewing documents" .. It does not look like a breakdown for me .. It does not say if it is in 'standard' or 'indemnity' basis

 

 

 

One of the cases were struck out more than 6 month ago .. but they also include the cost of it .. Would not that be out of time?

 

Thank you again

[steampowered]

Hello - can you please provide the full background of your case, and what happened during the tribunal proceedings so far?

 

Does the other side actually have an order that you pay their costs? If yes, what does that order say?

[C_Berry]

The case is about whistleblowing and race discrimination .. The whistleblowing was struck out as no reasonable prospective of success .. The Judge found that the Claimant blow the whistle and was victimised but the old regulation does not protect whistleblowers from being victimised by other employers (including Managers/CEO) .. the regulation was changed but the whistleblowing happened before the change .. The race discrimination stuck out as an abuse of the proceedings

 

There is no order against me that I have to pay the cost yet .. There will be another hearing to decide upon the cost .. whether I have to pay or not and if so how much

[honeybee13]

Hello there.

 

Just to check, are you the Claimant please?

 

HB

[steampowered]

The information you have provided is enough to give you some links and very general guidance, but nothing more than that. Your description is too vague for us to understand the nature of the claim or what happened during the tribunal proceedings. If you want to get personalised help you need to describe what has happened in a lot more detail.

 

You should read rule 76 here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429633/employment-tribunal-procedure-rules.pdf. You might be able to argue at the hearing that your claim did not meet the criteria mentioned in that rule. If it was reasonable to make the claim, you conducted it properly and you had a reasonable chance of success, no costs order should be made.

 

You should also ask the Tribunal to reduce any costs order on the basis of your ability to pay. This would require you to explain your ability to pay based on both your capital and your income. If you do not raise your ability to pay at the hearing the Tribunal may not consider it.

 

You may also say that the employer did not warn you as to the size of the costs they were racking up, if they did not warn you.

 

My understanding is that the largest costs order the Tribunal may make is £20,000. If the Tribunal thinks that more than £20,000 ought to be awarded, it would need to send the costs order to a detailed assessment by the county court.