Gladstones Letter Before Claim Oct 2018 - How should I respond?

[Deleted User]

Final point:

WELL DONE! I'm a little disappointed for you on costs. The usual rule in the senior courts is that a costs schedule is to be served no later than 24 hrs before a hearing, so 4 days is by no means an ambush. It doesn't apply to small claims cases, but for illustration see CPR PD 44 9.5

If you do reapply for costs you will probably want the case to be reserved to the same judge who dealt with the main issue as she will be best placed to recall the issues, any conduct points and to assess costs.

StubbornGoat

Johnersh wrote: »

If you do reapply for costs you will probably want the case to be reserved to the same judge who dealt with the main issue as she will be best placed to recall the issues, any conduct points and to assess costs.

Thank you Johnersh. Good tip

Quick question... where do I go to order the transcript, which I would like to get to share on here?

SG

[Deleted User]

Form EX107 is available online. You send it back to the court, having selected a transcription company.

They then quote and will not start work on the transcript until you to a BACS or credit card payment.

The cost depends on the length of hearing. You can ask for the judgment only (which omits the arguments beforehand) to save costs. For guidance, for a judgment you're looking at c. £60 so the whole thing may well be double that.

StubbornGoat

Johnersh wrote: »

Form EX107 is available online. You send it back to the court, having selected a transcription company.

They then quote and will not start work on the transcript until you to a BACS or credit card payment.

The cost depends on the length of hearing. You can ask for the judgment only (which omits the arguments beforehand) to save costs. For guidance, for a judgment you're looking at c. £60 so the whole thing may well be double that.

That's a lot more than I was expecting! Might just have to leave it to the report I posted yesterday

Either way it's worth getting a quote, just so I know.

The_Deep

Why not pay for it and include it in the cost of your counter claim. It might help to sway the next judge, after all you are going for relatively large costs.

Snakes_Belly

Well done on your win and to CM. I hope that you do win your costs.

A litigant in person has to put a lot of time in to fight these cases. If I had paid up I felt I would be giving in to bullies yet I did question the time that it took.

Snakes_Belly

Assuming an advocate is paid c. £100+VAT as a brief fee there’s not much margin even when they win - especially if those costs are trimmed or not recovered.

Sometimes the Court will allow two hours to hear the case which means the PPC has to pay their representative for two hours even if the case lasts only ten minutes.

My first hearing was rescheduled. The representative was paid. She seemed quite pleased. Two hours were allocated for the rescheduled hearing. Three hours in total and two at barrister rate.

DoaM

The_Deep wrote: »

Why not pay for it and include it in the cost of your counter claim. It might help to sway the next judge, after all you are going for relatively large costs.

Nice idea, but I'd doubt that the cost of a transcript could be claimed from the other party.

Coupon-mad

I'd say it could, if we file a claim for breach of the PFHA, then the costs the D was put to could potentially be claimed, which could include his time/printing and the transcript in order to file the new claim.

We will see what the Judge's recital says when it arrives.

And I do think a transcript would be useful but the judgment in this case is probs all you need to apply for, SG, as the bit you really want is the DJ's summing up and decision where she said how unhappy she was with their conduct.

Probably don't need the whole hearing with the rep muttering and me talking!

DoaM

PRHA? That's a new acronym to me.