court costs-can the court ever be liable?

[stringman]

Hi all,

I am going through a (long winded) court case

the defendant has requested a second suspension of judgement.He requested a first suspension application because he claims he changed his address details with the court and as such never received any demands or any requests to attend court.( i have proof that this is all a load of old tosh)

obviously because he never attended court he lost the case and i received costs.

Regarding the first suspension application he states that he had verbal confirmation that the hearing date would be changed as he could not attend and that he wrote a letter requesting this change. he says that this was all agrredd but the letter was not attached to the file so the hearing went ahead and his application was struck out and I was awarded costs.

IF the court have cocked it up he is presumeably not liable for my costs.
BUt as the court have caused the problems are they liable for the costs they have awarded me.

although the amount isnt that much it has wider implications on the costs for the main court case costs

many thanks in advance

[Antonia @limeone.com]

The costs order against him will stand until he appeals it on the grounds that the court messed up. It is possible where a mistake has been made by the court to achieve a costs payment out of central funds but on the circumstances you provide above this is not applicable unless he has sucessfully appealed.

If you are appearing yourself rather than through a solicitor acting for you this indicates a small claims matter, can you confirm? The position in small claims is always at the discretion of the judge.

[stringman]

Antonia,

many thanks for the speedy reply.

yes I am representing myself ( although some of the costs I have been awarded are solicitors costs)

I know that he appealing against the judgement and the awarded costs.

as you say it is at the judges dicression.I just feel that if he is telling the truth( that would be a first!) on the matter of the appal datehearing then I dont see why i should lose out (I had travel costs and loss of earnings awarded)
after all it was not my fault

thanks again