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costs order

  • kelly11
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5 years 2 months ago #464731 by kelly11
costs order was created by kelly11
hi

iwas wondering if someone could help me?

I have 2 costs orders made against me

1) for a wasted adjourned MPS- now the judge gave an exact amount for the costs order.
2) for a a hearing where the judge made an order against me for costs and he confirmed in a email costs would be limited to attending the hearing and direct preparation work for that hearing.

Now i wanted to pay these costs orders straight away, but the other sides solicitors are stating because they are on legal aid there needs to be hearing to direct calculate the exact amount i need to pay. now surely the mps is set in stone how much i need to pay and the 2nd one should be simply a case of adding up the cost of barrister and paper work? there is no punitive or summary costs order made against me...could someone explain to me what this means by any chance?

thanks

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  • .Charles
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5 years 2 months ago #464736 by .Charles
Replied by .Charles on topic Re:costs order
The vaguaries of costs rules..

If a party is legally aided the court is not supposed to summarily assess the costs either for or against the legally aided party. It seems as thought the court has decided to asses the costs you refer to in (1).

Normally when costs are summarily assessed those costs will be payable within 14 days unless the court otherwise specifies. If you have the money, send it to the solicitor acting for the receiving party.

In relation to (2) it is correct that those costs have to be assessed along with the costs of the legally aided party. It is possible to ring-fence the costs and deal with these separately but this might be at the risk of offending the legal aid regulations that preclude a solicitor from taking payment from a source other than the legal aid agency when that work is covered under a certificate issued by the legal aid agency.

Pay the first lot and let the other side know that you would like an account of the second lot but and that you would like this to be resolved as quickly as possible subject to the regulations with which they must comply.

Charles

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5 years 2 months ago #464737 by kelly11
Replied by kelly11 on topic Re:costs order
ok i rung up to pay the order for 1 and they say its not an actual amount it was an ideminity amount? there was no mention of this at all in the actual order and the order states
4) the respondent is to pay the applicats wasted costs of the application
5) the cost of attendence of today are summarily assessed based on the schedule dates x x in the sum of x

what does this mean? and is the amount i have to pay? as they are refusing my payment saying that its an idementty amount?

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  • .Charles
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5 years 2 months ago #464771 by .Charles
Replied by .Charles on topic Re:costs order
The term ''indemnity'' in costs is slightly confusing as it has two distinct meanings.

Legally aided people incur costs as the prescribed (legal aid) rates and privately paying people incur costs at market rates. ''Market'' and ''indemnity'' mean the same thing in the current useage.

This is different from the term ''indemnity costs'' or ''indemnity basis costs'' which is a completely different conversation all together.

I suspect that the solicitor is saying one of the following:

(a) the costs have been assessed as prescribed rates whereas you should pay market rates; or

(b) the costs have been assessed at market rates and it is not possible to accept the payment from you without breaching the Solicitors Accounts Rules or falling foul of the legal aid regulations. In which case it is better to wait until the end of the case to sort out the costs.

Charles

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