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Precedent H

Precedent H

Postby Brownhills » Sat Mar 31, 2018 5:42 pm

At the case management conference the precedent H documents is gone through and agreed.
Some things that would have been estimated, would between the precedent H being constructed and the time it is agreed would now not need to be estimates but they would be already incurred. Would this change of status be amended on the rewritten amended precedent H?
To be clear about what I am trying to say is if and expert was estimated to cost £3,000 had done his job in the interim and cost £3500 would the cost be now changed and put in the incurred column.

Second question would new amended precedent H documents be sent to the court after the CMC and to all parties.

Third question, If the second question above is yes, can you apply to the Court for a copy if your solicitor will not give it to you.
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Re: Precedent H

Postby atticus » Sat Mar 31, 2018 7:20 pm

If your solicitor will not give you something that he has prepared and filed on your behalf, something is wrong. Have you requested a copy?
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Re: Precedent H

Postby atticus » Sat Mar 31, 2018 7:24 pm

Q1 and Q2: you have a solicitor, ask her to advise you.
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Re: Precedent H

Postby Brownhills » Sun Apr 01, 2018 9:46 am

I am in the middle of a complaint against my solicitor, there was and is so much wrong with how he handled things its hard to know where to start.

I requested the file, before it was 'closed' and was told I had to pay for it. After being fleeced by him I had no money or the will to give him more. i did not get the file.

I ask the questions about the precedent H because it has only just occurred to me that he was lying about the costs of the defendant in an attempt to stop me from discontinuing my case. He did not want me to discontinue what would or could have been a land mark case. I had an opinion which gave me 60% chance of success.

My costs at the time I wanted to stop things were in the region of £6-8,000 depending on if you include the Barrister for the CMC. I asked my sol for an estimate of the defendants costs, in about a minute after calling to a colleague in another room(we were on the phone) he came back with the answer £22,200. I nearly fell over, I in my head had thought about £10-12,000 knowing the defendant had money and would do such things as making the solicitors go to him and not him to them, and incur unnecessary costs.

I accepted this figure, and instructed my sol to discontinue and offer the defendant £17,000. My sol refused, and beat around the bush, misdirected me and in the end coercer me into offering a drop hand agreement (which I had already told him would not be accepted) but agreed because it seemed the only way to get it to the defence that I was stopping the case and did not want costs to escalate. I was manipulated all the time.

The drop hand offer contained the line 'my client is finding the litigation extremely distressing'. He sent this without my approval. The defence is an evil nasty bastard,
and is the sort of chap to cause maximum pain and suffering. (that is why I wanted to discontinue because I came to my senses or something like that).
When I saw what he had written I was physically sick, he had told the only person on the planet private information that wasn't even true. He humiliated me, I was so angry.
I told him in no uncertain words that writing that would take away any negotiations about costs and would signal that I would not want a costs hearing etc.
It told them I was weak. The drop hand offer was a waste of time.
He then told me to sack him if I thought He had cost me money.

Sorry gone slightly off track with the precedent H. What I want to know is the assessment of the precedent H giving me the quoted figure of £22,200 was created in May 2017 and the estimate given to me was in October 2017. (note quite a specific estimate)
However 7 weeks later (yes 7 because the solicitor was still running me in circles even though I had told him on about 5 occasions to discontinue) he tells me that even if the precedent H is only one day old he can give me no estimate as to the defendants costs !!!! So if that is true he should never have given me the first estimate? Which of course I trusted as a fair estimate given 10-20% for error.
So somewhere there is a lie. So I looked at the old precedent H and think I eventually understand it.

It was nagging in my brain, and the light bulb came on last week or so. I reviewed the old precedent H created in May and estimated as best I could that the defendants costs were £12,000, and not £22,200. I based my decisions on the sols estimate. What I also noted was that things already spent e.g. defendants reply to the PoC was marked as incurred. So would a new precedent H have been created in the October, and estimated expenses moved to the incurred column.
Hence a week after asking for the estimated costs and directly after the CMC could the sol have(had he been honest and working for me not against me) revised his estimate given to me the week before.
I then check my emails and files and see that I was never sent the revised precedent H. So this is why I am asking about how it all works. Does a new one get created after the CMC and filed with the court. I have recently asked my solicitor for the precedent H that I am assuming was created at the CMC, I'll see what I get.
I don't think I will get anything from the sol so asking would there be a copy of the revised precedent H at court and how do I get it if it exists.

So information on precedent H's would be gratefully received.
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Re: Precedent H

Postby atticus » Sun Apr 01, 2018 5:46 pm

What is the question? I got lost in all the above.

One sentence will be sufficient.
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Re: Precedent H

Postby Brownhills » Mon Apr 02, 2018 11:47 am

After the CMC where the precedent h documents are 'argued' 'agreed' - does the old one get amended and filed again with the court.
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Re: Precedent H

Postby atticus » Mon Apr 02, 2018 9:22 pm

An approved budget is normally filed following the costs case management hearing.
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Re: Precedent H

Postby Brownhills » Tue Apr 03, 2018 7:49 am

Can I apply to the Court for these budgets?

The Order resulting from the CMC gives the figure of the defendants cost. I take it that the budget is a separate document of the itemised costs?
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Re: Precedent H

Postby atticus » Tue Apr 03, 2018 9:27 am

Q1. Yes

Q2. A budget is - wait for it - a budget.
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Re: Precedent H

Postby Brownhills » Thu Apr 05, 2018 9:30 am

If you ask your solicitor for an estimate on the budget, shouldn't the reply come with some sort of disclaimer e.g. this is an estimate and it could vary 20% either way?

At the CMC costs budgets are argued, I now look at the bundle for the CMC and see that my budget is 7 pages, one of which is the summary. I note however the defences
budget only consists of the summary. How did my barrister argue over the costs without the full budget? Surely it should be there?
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