UKPC Set Aside Hearing

Chesterfield1970

@Coupon-mad FYI rang the court this morning and theyve confirmed the solicitors filed a statement on 05/12 but I’ve received nothing so I’ve written to the court as per the above and pointed out the failure to comply with the court order by sending a copy to me by 07/12.

KeithP

Chesterfield1970 said:

@Coupon-mad FYI rang the court this morning and theyve confirmed the solicitors filed a statement on 05/12 but I’ve received nothing so I’ve written to the court as per the above and pointed out the failure to comply with the court order by sending a copy to me by 07/12.

But that Order you showed us earlier says nothing about sending a copy to you.
One would expect it to say something like 'file with the court and serve on the Claimant' but it doesn't.
It's a poorly worded Order.

I might even suggest that the Claimant has complied with the Order as published. Yes, they would know that they need to send a copy to the Defendant, but that Order doesn't say that, so they have not 'disobeyed' the Order.

Coupon-mad

It was a terrible Order.

But onwards and upwards to your hearing, and surely you should be copied into any submission under the CPRs anyway, as I think Johnersh posted earlier in your thread? IIRC I think he gave the CPR number breached.

Chesterfield1970

@Coupon-mad Happy New Year! I have my hearing next Tuesday but have just received a statement of costs from the claimants solicitor is that usual at this stage?  

It looks like they are going to be represented by a Paralegal which is resulting in an LPC Law Agent fee within their costs, is this allowed?

Fruitcake

It is normal, as is using a local "hired gun" to represent the claimant. Quite often they are only passed the case the day before, or sometimes on the day of the hearing itself. 
The costs however are capped by the courts, so irrespective of what the hired gun costs, you shouldn't be paying more than the capped amount, and that's only if you lose.

PPCs do this to save sending their own solicitors all over the country, and also so they don't have to answer embarrassing questions they don't want to answer.

Coupon-mad

Chesterfield1970 said:

@Coupon-mad Happy New Year! I have my hearing next Tuesday but have just received a statement of costs from the claimants solicitor is that usual at this stage?  

It looks like they are going to be represented by a Paralegal which is resulting in an LPC Law Agent fee within their costs, is this allowed?

Not allowed unless you act wholly unreasonably, such as not turn up.

Were you ever served with their statement?  Raise that first, if not.

Chesterfield1970

@Coupon-mad  yes I received their statement eventually.  The good thing about their statement is that the response has been based on my original statement and not the subsequent ones I sent to both parties.  Therefore they haven’t covered or explained the subsequent evidence I have provided.

Can you confirm what is not allowed please?

Le_Kirk

Chesterfield1970 said:

1.  @Coupon-mad  yes I received their statement eventually.  The good thing about their statement is that the response has been based on my original statement and not the subsequent ones I sent to both parties. Therefore they haven’t covered or explained the subsequent evidence I have provided.

2.  Can you confirm what is not allowed please?

1.  Was it received by the deadline?
2.   Legal/solicitor costs are not allowed beyond the £50 set by the CPRs unless you behave unreasonably by, for example, not turning up for the hearing.

Chesterfield1970

@Le_Kirk  

Unfortunately as you will see from earlier in the post the court didn’t tell them to send a copy to me by a specific deadline.

The cost for the Paralegal has been noted at £150.

Le_Kirk

Chesterfield1970 said:

@Le_Kirk  

Unfortunately as you will see from earlier in the post the court didn’t tell them to send a copy to me by a specific deadline.

The cost for the Paralegal has been noted at £150.

Just been back through the thread and seen what you mean, however the claimant (or their solicitor) do this for a living and should know that everything filed with the court  has to be served on the other side!