claim struck out

[hesanmp]

i recently had a claim struck out due to limitation issues. the other sides costs were ridiculously high at £17,000.00. the court order was for those costs to be paid within 14 days.

 

i am currently on tax credits with a very low income, i have no savings. the property i am living in is mortgaged and is in negative equity.

 

firstly how do i apply to vary the order so i can pay over time. secondly can i apply to have their costs assessed?

 

cheers

[dx100uk]

is this your brother against brother case?

[AndyOrch]

N245 to vary the payment...with regards to challenging their costs you have the right to have their legal costs assessed by the courts under the Solicitors Act 1974 but there are additional costs associated with this procedure.

 

Regards

 

Andy

[Ganymede]

i recently had a claim struck out due to limitation issues. the other sides costs were ridiculously high at £17,000.00. the court order was for those costs to be paid within 14 days.

 

i am currently on tax credits with a very low income, i have no savings. the property i am living in is mortgaged and is in negative equity.

 

firstly how do i apply to vary the order so i can pay over time. secondly can i apply to have their costs assessed?

 

cheers

 

What is the background to this?

[hesanmp]

hi, brought a claim against solicitors for professional negligence but the claim was struck out on limitation issues.

[Ganymede]

I thought it would be that claim, I remember your previous thread on service on the original sealed Claim Form and PoC here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436958-particulars-of-claim

 

That was nearly a year ago though, can we get a full update as to exactly what has happened since then please?

[hesanmp]

yes sols applied to strike out on limitation, and they succeeded, i missed a deadline but the actual date of knowledge was well before that date so even of i had made the deadline i would have failed. i am therefore in damage limitation mode as per my initial post, hopefully you can help?

 

cheers

[Ganymede]

How far did it go for them to rack up £17k in costs??!

[hesanmp]

they had filed their defence and then their solicitor applied to strike out the claim. the hearing was set for 2 hours, i did not attend. prior to the hearing they had offered me a drop hands offer which i did not accept.

[SabreSheep]

yes sols applied to strike out on limitation, and they succeeded, i missed a deadline but the actual date of knowledge was well before that date so even of i had made the deadline i would have failed. i am therefore in damage limitation mode as per my initial post, hopefully you can help?

 

cheers

 

Andy answered you in post #3

[hesanmp]

thanks sabre. i read post #3 but are there any further guidelines to simply a N245 or having the other sides costs assessed. i.e. with their costs should i be going to the other side for a detailed breakdown of their costs or i do i make an application to the court first?

[AndyOrch]

Well the N245 is self explanatory...look at the form...

 

With regards the costs you raise it firstly with their Solicitor and request a detailed breakdown....if you are unable to agree then you progress to detailed assessment.

 

Detailed assessment is the assessment of a party's costs, usually at the conclusion of proceedings. The amount of costs payable by one party to another is decided by a costs officer in accordance with CPR 47.

 

A court can expressly order detailed assessment to take place before the conclusion of the proceedings under CPR 47.1.

 

Detailed assessment should be commenced within:

 

Three months of judgment or direction or order or award of costs (CPR 47.7).

Three months after the date of an order lifting a stay (CPR 47.7).

Three months after service of discontinuance or dismissal of application to set aside notice of discontinuance (CPR 47.7).

Three months after the right to costs arose in respect of the acceptance of an offer to settle or a Part 36 payment into court (CPR 47.7).

 

Points of dispute should be served within 21 days of receiving notice of commencement of assessment and the accompanying documents (CPR 47.9).

 

Replies to points of dispute (if any) should be served within 21 days of receiving the points of dispute (CPR 47.13).

 

A request for a detailed assessment hearing should be made within three months of the expiry of the period for commencing detailed assessment (CPR 47.14 and section 40.2 of PD43-48).

 

The court should give the parties 14 days notice when listing a detailed assessment hearing (section 40.5-6 of PD 43-48 and CPR 47.17(7)).

 

A completed bill of costs should be filed 14 days after the date of the detailed assessment hearing (CPR 47.16).

 

Regards

 

Andy

[panther12]

they had filed their defence and then their solicitor applied to strike out the claim. the hearing was set for 2 hours, i did not attend. prior to the hearing they had offered me a drop hands offer which i did not accept.

The SJ & strike out application alone it can be in excess of 1.5k costs with counsel fees to attend the hearing. If they made a drop hands offer before the hearing why didn't you accept, especially if you had no intention of attending hearing.

[AndyOrch]

The SJ & strike out application alone it can be in excess of 1.5k costs with counsel fees to attend the hearing. If they made a drop hands offer before the hearing why didn't you accept, especially if you had no intention of attending hearing.

 

Valid point panther12

[hesanmp]

thank you andy i understand that!

 

the court ordered i pay theri fees within 14 days which i couldn't. i am now on jsa, can i apply to the court and inform them i can't afford to pay the sum in full?