Lost legal costs

[mids_biz_guy]

Hi folks,

I recently represented my ltd in county court and was awarded judgement.

This judgement included value of work completed and court costs.

However the judge would not award my solicitor costs, as I had not written them down in correct format.

Do I have any avenues to get these costs back?

I feel angry that as a lay person, I am now financially worse off

Thank you in advance for your valued advice

All the best

 

[obscure]

I'm confused. If you represented yourself in court what solicitors fees do you have? If you consulted a solicitor did they not advise against representing yourself in court?

 

[Steve Sellers]

Did you notify the court that the solicitors where acting for you?

What track was this on? EG small claims?

 

[mids_biz_guy]

Hi is started this in small claims, the defendant then issued a counter claim against me they then moved it to county court.

I was using solicitors till I ran out of money, hence representing myself but still having costs

Thanks

 

[Steve Sellers]

What do you mean it was moved to the county court? Was it moved onto another "track"?

If it started in the small claims court it is likely that you won't get legal costs. Legal costs when small claims rules are applied are only awarded where one party has acted unreasonably or vexatiously.

If you were presenting an application for costs then you would need to do so on the appropriate court form.

Can you confirm whether or not small claims costs rules were applied, and whether or not the other party acted unreasonably in their conduct or vexatiously?

 

[mids_biz_guy]

Hi my understanding is that as they put in a claim of approx £15k it was moved out of small claims to county court.

They tried to force us to carry out work not quoted for and stopped a cheque and then reissued for a lower amount.

The items they said we should have carried out were dismissed by the judge

Thanks

 

[Steve Sellers]

And what did you apply for costs for? your legal costs in binging the action, defending their action or both?

If the case was moved onto the fast track then fast track rules will apply.


Have a good read of this:-

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part46

and this

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_parts43-48

 

[mids_biz_guy]

hi, my costs involved my claim as the limited company and in defending a part 20 claim against myself personally.

 

[Steve Sellers]

Bear in mind your costs will be capped so it may not be cost effective to use a solicitor to recover your costs.

I would be cautious about going and making an application for costs now as it may well be considered to be misconceived and costs could end up going against you for the costs involved with your application.

You would be wise to speak to a specialist costs draftsmen firm and see if they can advise you on the merits of you making an application and how much if anything you are likely to recover.

Be very cautious about going and making an application yourself - especially seen as though you have already had one application dismissed.