costs in the case

[lovecoconuts]

Hi all,

I recently started a claim against an individual.

 

 

His solicitor wrote to me this week advising me that they are willing to settle the case

and pay me in full

 

 

at the same time have asked me to agree to an order for "costs in the case".

 

 

I do not know what this means.

 

 

Could someone please help me?

 

 

Is this something I should agree to?

 

 

Thank you for any help you can provide.

 

 

kind regards Nigel

[obiter dictum]

Did it say either parTy bear their own costs??

 

What was the value of the claim??

Edited October 30, 2015 by obiter dictum

[lovecoconuts]

The value for the claim is £1000. It just says the would like an extension to prepare their defence and costs in the case. Nothing else.

[citizenB]

 

Costs in the Case/Costs in the Application. These type of orders are usually made at interim hearings and mean that the party entitled to costs at the end of the trial will be entitled to the costs of this part of the proceedings.

 

 

My understanding from what you have said is that whilst they are looking to settle, they are also looking to you to pay their legal costs ! I would think as this is a small claim, then there would be no costs order made if it were to go to a hearing. But I will ask for you.

 

I have asked someone from the site team to look in and advise what you should do about this. So hold tight for a while.

[lovecoconuts]

thank you citizenB. I really appreciate it.

[goodatresearch]

Costs in the case means the losing party pays.

 

Now I'm a little rusty on small claims court but it used to be that the winning party could claim fixed costs (court fees, travel expenses, expert reports) but not solicitors costs (with a few exceptions i.e. unreasonableness).

 

Was the offer to settle "without prejudice".

 

Can you tell us a little more about your claim.

[lovecoconuts]

hello goodatresearch,

 

Yes the offer to settle is without prejudice.

 

my claim is that I paid for treatment that I did not have to pay for, on the understanding that I would be reimbursed. However, when I made a claim for reimbursement, the defendant changed his story and said that my treatment was private. I have evidence against him proving my case which is why I believe they want to settle. I started the small claims to get my money back after many unsuccessful attempts at reaching an agreement with him.

 

So the letter states that the defendants' solicitors are looking for a resolution to this matter. A second letter says that they are agreeable to settling the claim.

 

They have requested extra time to prepare a defence, which is not a problem. The part I don't understand is that they have requested an order for "costs in the case." How does this impact the settlement? Will I be liable to paying anything?

 

I hope that clarifies things a bit more. Any help is much appreciated.

 

Thanks

[obiter dictum]

I am no legal expert but "Costs in the case" orders are applcations for costs during the case management stage. Say they applied for a summary judgement or made any application to the court. by way of a hearing in front of the judge. The solicitor would claim costs for his services by presenting a costs order to the judge. But that is normally done at each individual hearing,

 

But it will be if the defendant wins will be the only way to recover those costs

 

It looks to me the "without prejudice" is an offer to agree settlement and if not acceptable they are preparing to go to trial and claim full costs if successful.

 

What you need to do is send a "Without Prejudice" letter back to the solicitor saying you are agreeable to settlement on the understanding the defendant pays all your application costs to date with a mutually agreed full and final settlement

 

 

That is the way i see it but wait for more replies as it is just my own opinion

[citizenB]

If they are wanting to settle, I don't understand why they need more time to prepare a defence ? I think any response from you should confirm that you are not prepared to pay their costs - either each party bears their own or you want them to pay for any you have already laid out ?

 

I have asked someone to look in on you

[AndyOrch]

Costs In The Case/Costs In The Application are types of orders that are usually made at interim hearings and mean that the party entitled to costs at the end of the trial will be entitled to the costs of this part of the proceedings. Thus a party in whose favour such an order is made will only recover costs for this hearing if they are awarded costs at the end of the trial.

 

Regards

 

Andy

[lovecoconuts]

hi citizenB, any updates?

[goodatresearch]

Costs in the case - win the hearing/application - other side pays he costs.

 

 

I am no legal expert but "Costs in the case" orders are applcations for costs during the case management stage. Say they applied for a summary judgement or made any application to the court. by way of a hearing in front of the judge. The solicitor would claim costs for his services by presenting a costs order to the judge. But that is normally done at each individual hearing,

 

But it will be if the defendant wins will be the only way to recover those costs

 

It looks to me the "without prejudice" is an offer to agree settlement and if not acceptable they are preparing to go to trial and claim full costs if successful.

 

What you need to do is send a "Without Prejudice" letter back to the solicitor saying you are agreeable to settlement on the understanding the defendant pays all your application costs to date with a mutually agreed full and final settlement

 

 

That is the way i see it but wait for more replies as it is just my own opinion

[Mike_hawk]

hello goodatresearch,

 

Yes the offer to settle is without prejudice.

 

my claim is that I paid for treatment that I did not have to pay for, on the understanding that I would be reimbursed. However, when I made a claim for reimbursement, the defendant changed his story and said that my treatment was private. I have evidence against him proving my case which is why I believe they want to settle. I started the small claims to get my money back after many unsuccessful attempts at reaching an agreement with him.

 

So the letter states that the defendants' solicitors are looking for a resolution to this matter. A second letter says that they are agreeable to settling the claim.

 

They have requested extra time to prepare a defence, which is not a problem. The part I don't understand is that they have requested an order for "costs in the case." How does this impact the settlement? Will I be liable to paying anything?

 

I hope that clarifies things a bit more. Any help is much appreciated.

 

Thanks

 

It wouldn't be unusual for the other side to request an extension to file defence whilst negotiations are ongoing, nor would it be unusual for it to browbeat a LiP into a relatively low compromise or acceding to a demand with the threat of application for costs.

 

Without sight of the content of its correspondence I can only guess that it seeks your agreement for an extension absent which it will make application for same requesting costs in the case.

 

Posts 8 & 10 should provide you with ample information regarding 'costs in the case'

[legalistic]

lovecoconuts, not long ago I saw the papers in a small claim which had been argued by a LIP and a lawyer. At an interim hearing the lawyer managed to get an order for costs in case, the LIP not realizing its significance and not challenging it. At the final hearing the lawyer managed to get costs on that basis. It's a puzzle that the other side wants to file a defence. I would be very careful.