What next?

[G7ivp]

The Plaintiff (P) lost a case against the Defendant (D) in the County Court.
D has run out of money and cannot fund further legal assistance.
D's previous solicitor has tried to put D off pursuing their costs from P.
How does D obtain a copy of the judgement?
How does D recover their costs from P?

[atticus]

does D know whether C (the Claimant) was ordered to pay his costs? D should ask his solicitor to give him a copy of the judgement order.

[G7ivp]

does D know whether C (the Claimant) was ordered to pay his costs? D should ask his solicitor to give him a copy of the judgement order.

Thank you for your reply. D has asked their solicitor for a copy of the judgement but was told there would be a charge and having already paid nearly 40K to defend the case, D has run out of money. Could D get a copy from the court? Aren't judgements public records?

[des8]

CPR5.4B
(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of Practice Direction 5A.

Practice Direction 5A
4.2A A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of –
(j) a judgment or order given or made in public (whether made at a hearing or without a hearing);

[dslippy]

It depends first upon whether the court ordered C to pay D's costs, and if so on what basis (standard or indemnity). Second, does C know that D has the fundst o pay the costs?

[G7ivp]

It depends first upon whether the court ordered C to pay D's costs, and if so on what basis (standard or indemnity). Second, does C know that D has the fundst o pay the costs?

Thank you for your reply. At a meeting to discuss costs, C's solicitor said C was considering Bankruptcy but it was thought to be a bluff. We don't know what was ordered hence the need to get a copy of the judgement; D's solicitor has been less than helpful.

[G7ivp]

CPR5.4B
(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of Practice Direction 5A.

Practice Direction 5A
4.2A A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of –
(j) a judgment or order given or made in public (whether made at a hearing or without a hearing);

Thank you for your reply. Any idea what it will cost?

[des8]

Haven't a clue re cost.. phone the court

[atticus]

Does D owe his solicitors any outstanding fees? If not, I am less than impressed at the refusal to provide a copy of the judgement.

[G7ivp]

Haven't a clue re cost.. phone the court

I have and after 25 minutes of moving up the queue from 13th to 2nd the line went dead. I phoned back straight away and found myself 13th in the queue again so hung up. I then sent an email and got an automated reply:

THE COURT IS CURRENTLY WORKING IN SIGNIFICANT ARREARS.

Please accept this as confirmation of receipt of your email to the County Court at Chelmsford. If you are getting in touch about an upcoming hearing date or something urgent we will reply as soon as we can. If it is about something else we will try to reply to your email within 45 working days. We may take longer to reply to you.

I know it's unreasonable to expect a reply to an email the same day (we though do don't we?) but 45 days!

[G7ivp]

Does D owe his solicitors any outstanding fees? If not, I am less than impressed at the refusal to provide a copy of the judgement.

D has paid on account, up front, at every stage.

[atticus]

complain to the senior partner. Mention the amount of fees you have paid his firm. Ask if they get many recommendations from satisfied clients.

[G7ivp]

Found it!

Apparently various transcripts, including Judgements, are available from contracted companies and you apply using form EX107 here:

https://assets.publishing.service.go...static-eng.pdf

and there are guidance notes here:

https://assets.publishing.service.go...3_April_22.pdf