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Solicitor sent me an odd thing yesterday

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  • Solicitor sent me an odd thing yesterday

    I have a claim against BT.

    We had a final hearing two months ago, but when we went into the court room, the first thing the Judge did is tell the barrister the case was being adjourned and admonished the defendant for not notifying the court more time was needed than the two hours allotted, due to their 300 pages of submissions.

    What the Judge did do though is state that he would treat the hearing as an application hearing as I had applied to ask for relief from sanctions, as I was ill and did not submit my witness statement in time.

    The Judge allowed this, despite the opposition of the defendant and solicitor.

    Okay. So new date is set for a three hour hearing. Costs were reserved.

    I have informed the defendant that my costs for attending the application they unsuccessfully opposed were £400. This is train travel costs to London and time off work. I know these are due, as the application was opposed.

    Yesterday I receive an invoice from them, as I was copied in to the email they sent to court, and the invoice is for a measly £240 for their barrister on the day of the previously adjourned hearing.

    I find this odd.

    We were in the court waiting room waiting to be called from noon. One hour for lunch, then went in eventually at 3:30. Done by 4. Hearing was scheduled for 2, but was back to back.

    So why am I being sent this invoice? Can anyone tell me? Is it an intimidation tactic? It also does not make much sense to me that as barrister is only being paid £240 for three hours, albeit waiting around for most of them, and all the prep work?

    What is this solicitor sending this to me for? Is the invoice total ludicrously low?

    Also of note: I have been invited to make an offer to settle this claim.
    Tags: None

  • #2
    Can we be clear. Are you saying that the other party's solicitors have sent you their barrister's fee note with a request that you pay?

    If that is correct, have you asked them why?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      They sent it to the court, and copied me in, though not asking me to pay, which is why I am curious why they did this.

      They have not responded to my question "why?" and I think it has something to do with the fact that I have highlighted they are on the hook for my costs attending my (opposed) successful application hearing.

      Either that, or it is some attempt to make me think they are not incurring much in the way of costs for barristers.

      Is £240 for the barristers time not ludicrous? He was there from noon until 4pm, and we had an hour for lunch.

      Comment


      • #4
        OK, my guess is that they will be asking the court to order you to pay their legal costs, including this barrister's fee.

        Barrister's fees are usually agreed in advance.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          So £240 agreed for a two hour hearing is possible?

          Comment


          • #6
            very cheap not sure that's a barrister.

            Comment


            • #7
              It's this place - https://www.lpc-law.co.uk/practice-a...il-litigation/

              Comment


              • #8
                Does the invoice state that it is the barrister's fee? I would be inclined to take the wording at face value.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  It merely says "fee" and "professional charges".

                  That website advises they will send you a "fee card" on request.

                  All a bit Mickey Mouse isn't it?

                  Comment


                  • #10
                    If you say so. I still don't fully understand what has been sent to the Court and copied to you.

                    Why did you say this was for barrister's fees? You set that hare running.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Originally posted by atticus View Post
                      If you say so. I still don't fully understand what has been sent to the Court and copied to you.

                      Why did you say this was for barrister's fees? You set that hare running.
                      I assumed it was a barrister.

                      He sent this after inviting me to make a settlement offer.

                      Comment


                      • #12
                        I originally offered to settle for £500. They rejected and offered me £350. I rejected this.

                        Now, with the £420 costs of the application hearing, I am tempted to offer to settle for £770 total. So this £420 and the £350 they offered before.

                        If I mark this WITHOUT PREJUDICE SAVE AS TO COSTS, does this place me in jeopardy? Can they then say "well you should have settled for £350 before, and so we are not responsible for the £420 costs of the application, even though we opposed it and were unsuccessful".

                        Comment


                        • #13
                          Looks like he was an 'advocate"'

                          Comment


                          • #14
                            Originally posted by DrewDar View Post
                            I originally offered to settle for £500. They rejected and offered me £350. I rejected this.

                            Now, with the £420 costs of the application hearing, I am tempted to offer to settle for £770 total. So this £420 and the £350 they offered before.

                            If I mark this WITHOUT PREJUDICE SAVE AS TO COSTS, does this place me in jeopardy? Can they then say "well you should have settled for £350 before, and so we are not responsible for the £420 costs of the application, even though we opposed it and were unsuccessful".
                            That is an obvious risk.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment


                            • #15
                              So I should ask for more than the £350. I guess?

                              Comment

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