Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Extreme costs

Re: Extreme costs

Postby Monkeybusiness » Mon Dec 18, 2017 2:29 pm

I signed the CFA 3 October, after having discussions about discontinuance. He advised me to hang on until after the CMC because ' as if a rabbit had been pulled out of the hat', suddenly the other side had talked to a person in his office about mediation. A letter was written regarding mediation 5 October to the other side but was not responded to. I hung on for the CMC 9 October which was in my eyes a shambles the barrister didn't know what he was doing or anything about the case, and bluffed it telling me he had papers missing from his brief. (which either goes to show that he hadn't even opened the brief or he was lying. After highlighting to my sol that the CMC was a shambles I considered my position, waited a few days on the chance of mediation, but by 14 October I ask my sol to discontinue and on his advise a drop hand agreement.
He would not act on my instructions because in his words 'I am reluctant to act on your instructions because you recently gave me those instructions and changed your mind'.
Again on the 14 October I respond with get on with the discontinuance.
Again 16 October I beg 'Pull the plug'. Sent on his request by email a signed statement to discontinue. I also post one hard copy.
Again on the 16 October I inform him the signed authority is in the post.
17 October he claims not to have received signed authority
I send by email again signed authority and think its being done.
23 October he terminates the CFA - fair enough, but still doesn't discontinue.
I again ask him to discontinue.
In the meantime between I thought he was contacting the insurers for ATE. In this respect I had to hats on so to speak. I had instructed discontinuance, but was still expecting to hear about ATE, which may have altered the whole head process of discontinuance, however he had not done as instructed 3 weeks earlier, because of my
early wobble in October.
He said he didn't contact them to save me money! I contacted the insurers after that and they said they did not require a fee for reviewing the paperwork re ATE.
I do not really agree to the offer to discontinue being a drop hand offer because I know the defendant wants to cause me maximum pain, but I agree because it appears the only was my solicitor will do it. In my head at least it is out there and they will come back with a counter offer. They don't.

My solicitor in the offer writes. My client if finding litigation stressful. Now really, is anybody going to accept a drop hand agreement with that comment as the first line.
I email him that that comment leaves no room for negotiation on costs, and that comment given to the defendant who I hate, given that he is my father will make my father laugh his socks off. The offer was not time bound and so I sit and wait for an answer that I know will be negative.

I wait and wait.

Then have to force my sol to contact the other side for an answer.
The answer is of course no.

I then take the extremely uncomfortable decision to discontinue without agreement. 6 November 'Please send to the Court my notice of discontinuance.'
I also instruct him to offer 17,000.
For the second time that day I write to him 'Just for the sake of clarity, please make the offer of 17,000.

I could go on about the delays, but by this time the anxiety with costs and delays and the continual haranguing by my solicitor not to discontinue have brought about a massive depression.

Now he won't discontinue because he thinks I'm mad.

To cut a long story short I was forced to discontinue myself in December.
Sorry this is just part of my story, I'm not sure why I started to write, but it has helped.
Monkeybusiness
 
Posts: 18
Joined: Sat Dec 16, 2017 9:04 am

Previous

Return to Costs

Who is online

Users browsing this forum: No registered users and 1 guest