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Statement of Costs no served before the hearing

Statement of Costs no served before the hearing

Postby blue » Fri Jun 16, 2017 3:29 pm

At the end of a pre-hearing where the judge struck out my claim the judge ordered me to pay costs even though the defendant did not comply with CPR 9.5 (4) (b) because he did not serve on me a copy of his Statement of Costs before the hearing took place. He served it upon me at the end of this pre- hearing

The fact that this Statement of Costs was served on me late prevented me from noticing before the pre-hearing that it was defective and prevented me from putting this forward when the judge decided to award costs against me.

This Statements of costs is defective according to me because there are in it the name of two counsels but not the name of the counsel who attended the last pre-hearing which is concerned by this Statement of Costs. Furthermore there have been two pre-hearings and this Statement of costs contains the date of the first pre-hearing and not this of the second pre-hearing which is concerned by this Statement of costs.

I would like to know if I have a ground for appeal
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Re: Statement of Costs no served before the hearing

Postby atticus » Fri Jun 16, 2017 3:56 pm

How does the amount of costs that you were ordered to pay compare with the amount sought, i.e. the total shown in the statement of costs?
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Re: Statement of Costs no served before the hearing

Postby blue » Fri Jun 16, 2017 4:11 pm

The judge ordered me to pay the amount of costs which was set out in the Statement of costs that the defendant served on me late. However I am not sure that this is the correct amount that I should have been ordered to pay because the Statements of costs was defective as I explained in my previous post.
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Re: Statement of Costs no served before the hearing

Postby blue » Fri Jun 16, 2017 10:08 pm

The issue here is that it is not sure that the Statement of Costs which was served on me late was really the Statement of Costs of the hearing that I attended. The Statement of Costs was defective and not served on me on time which is indication that the defendant prepared it in a hurry and as a consequence he could have mixed up it with this of another hearing. Hence it is not sure at all that the amount of costs that I have been ordered to pay is the correct amount and I would like to know if this could be ground for appeal?
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Re: Statement of Costs no served before the hearing

Postby dls » Sat Jun 17, 2017 4:14 am

Suspecting that it might be wrong is unlikely to be sufficient. Costs estimates necessarily tend to be a last minute thing - the closer to teh hearing they are done, the easier they are to prepare - otherwise they involve estimating.

We cannot know from here. If you have real reasons to doubt, ask first for explicit confirmation.

The principle about whether you pay the costs is very unlikely to be affected. If a mistake has been made, the issue would likely be only as to the amount. How much more would you be ordered to pay for a further unnecessary hearing?
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Re: Statement of Costs no served before the hearing

Postby blue » Sat Jun 17, 2017 10:47 am

CPR 9.5 (4) (b) says that the Statement of costs should be served 24 hours before the hearing which is close enough to the hearing to do a proper calculation of the costs

As a principle the amount of costs that I have to pay should be this concerning the hearing I have attended and not this of another hearing in case of mistake as explained in my previous post

CPR 9.5 (4) (b) says that in case of failure of a party to serve his statement of cases on time the court should take into account this failure when deciding the amount of costs to pay. However in my case the judge did not take into account this failure. This issue is whether in this circumstance the judge should have ordered a detailed assessment of costs instead of summarily assessed them like in case one party does not put forward any Statement of Costs at all. Should have the judge decided that not to have served the Statement of Costs before the hearing was similar to not having put forward any Statement of Costs at all?

I would like to know if I have a ground of appeal to ask to have the cost order simply cancelled according to CPR 9.5 (4) (b) because of the uncertainty and the disproportionate costs which could be involved to now do a proper detailed assessment of costs
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Re: Statement of Costs no served before the hearing

Postby Labrador » Sat Jun 17, 2017 1:57 pm

The time to questions the costs was when you received them sorry to be the bearer of bad news.
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Re: Statement of Costs no served before the hearing

Postby blue » Sat Jun 17, 2017 2:38 pm

The defendant gave me his Statement of Costs at the end of the pre-hearing and as a consequence I had not time to carefully examine it. I think that it is why CPR 9.5 (4) (b) says that the Statement of Costs should be served at least 24 hours before the hearing takes place and it is why I would like to know if I have a ground of appeal because of this reason?
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Re: Statement of Costs no served before the hearing

Postby atticus » Sat Jun 17, 2017 5:49 pm

That may give you a ground of appeal.

Please note that I make no comment on the chances of success of any such appeal.
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