Thanks BF, that was basically what the Judge said to the Solicitor who was caught unawares that I would be on to it, so yes its very good advice.
Its not unlike the bank charges fiasco, we know we are all right but the Judges will always fall back on the law rather than try and change it in my opinion.
By the way, if they referred to their contractual term in respect of costs in any future hearing, I think that your proper response is to point out to the judge that this contractual term seeks to undermine or usurp the authority or discretion of the court to award or not award costs and in that respect it is completely unenforceable. Tell the judge that effectively they are trying to force the judge to make an award of costs
Thank you very much indeed for this update. I'm terribly sorry that you didn't have an outright win. I can't imagine they will come back for the £500 – but if they do then let us know and in principle don't pay it. At the very least I think we could plead that there is an estoppel.
Well done on the costs. I'm sure that these contractual terms by which they seek to have a potential claimant or defendant indemnify them for legal costs is unenforceable because what they are effectively doing is getting you to contract out of the court procedure rules in respect of costs.
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