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acf
25th August 2006, 10:50
In a civil proceedings, the county court has decided a cost against me summarily to pay to the solicitors of the defendent. Can I apply for the setting aside/reviewing the decision and if so what should be the grounds for application?

An early advice would highly be appreciated.

Sincerely,

Sajjad

bwglaw
25th August 2006, 11:01
In haste

Was the cost order made as part of the judgment against you?

You may be able to appeal the decision to a Circuit Judge (if the General Form of Order was made by a District Judge) but this is likely to run up more costs. You may run the risk of being liable for the other party's costs if you appeal and they have to respond. Appealing on costs alone is not favourable.

It is very difficult to say without knowing the history of the case because costs are ordered for various reasons, including but not limited to the conduct of parties etc

If you want me to look into it for you provided it does not take up too much time I can do it at no cost. Just email me the full facts and I will reply either today or on Tuesday

Jonathan

acf
25th August 2006, 15:54
Thanks Jonathan for your message. I have sent you an email separately with brief background of the matter. Would really appreciate your advice.

Regards,

Sajjad

bwglaw
25th August 2006, 17:01
OK Sajjad. I am not going to be able to reply until Tuesday and I am about to leave for the weekend

Jonathan

acf
3rd September 2006, 13:59
Hi Jonathan,

Could you please see my email for advice? Secondly, can I request the court to fix instalments for the payment of the cost?

Regards,

Sajjad

fastfences
3rd September 2006, 14:14
Hi Jonathan,

Could you please see my email for advice? Secondly, can I request the court to fix instalments for the payment of the cost?

Regards,

Sajjad

Hi Sajjad,

Fair's fair!! Jonathan said in previous email he'd give you FREE advice and reply on Tuesday. I think it's a bit much 'pushing' for a response over the weekend, or perhaps you could offer to meet his costs for an urgent reply?
Cheers, Nigel

bwglaw
3rd September 2006, 19:44
Hi Jonathan,

Could you please see my email for advice? Secondly, can I request the court to fix instalments for the payment of the cost?

Regards,

Sajjad

Apologies for the delay replying as of late we have been experiencing high volume for requests for free advice and paid/urgent work became high priority.

I have replied this evening with a detailed response, including making an application to the Court to pay costs by instalments

Jonathan

acf
5th September 2006, 18:08
Hi Jonathan,

Thank you very much for your invaluable advice. You are so generous to offer free advice to fellow members which is really commendable. I would not think for a while to recommend your name to anyone looking for quality advice.

Nigel, also thank you for your concern for Jonathan. I shall keep it in mind in future.

Regards,

Sajjad

bwglaw
5th September 2006, 19:24
More than happy Sajjad. Will reply to your other email with the questions you raise

Nigel should be my assistant! He can build a very good fence around me to withstand all weathers ;)

Jonathan