Vary a court order, who pays for it ?

[mystery1]

If a court grants your application (no hearing) but fails to award costs, which were asked for with a breakdown, should you apply to vary the order under cpr 23 ? If so who do you claim the costs of the variation application from ? The original claimant, central funds ?

The claim under the original order was struck out.

Thanks for any advice. Need to get the variation application in today.

M1

[ploddertom]

Re: Vary a court order, who pays for it ?

If the claim under the original order was struck out then surely no costs would be awarded. If you are applying for a Variation on your own behalf then that is to benefit you - so again no costs except your own. It could be that the Claimant disagrees and if they attend and the variation is thrown out then you could be at risk of them claiming their costs.

[mystery1]

Re: Vary a court order, who pays for it ?

They started a claim. The original order was to have it struck out, with costs. The claim was struck out but the order silent on costs. The order need varied to include costs.

The claim was made in Northampton and the defendant is Scottish. It simply cannot be correct that the defendant be out of pocket when the CPR state that an application must be made to strike the claim out yet the court has no power to hear the case.

M1

[ploddertom]

Re: Vary a court order, who pays for it ?

They started a claim. The original order was to have it struck out, with costs. The claim was struck out but the order silent on costs. The order need varied to include costs.



The claim was made in Northampton and the defendant is Scottish. It simply cannot be correct that the defendant be out of pocket when the CPR state that an application must be made to strike the claim out yet the court has no power to hear the case.

M1

The way it reads to me from what you say above is the Claimant started a claim. The claim was then ordered to be struck out - I take this to mean the Defendant did this on the basis of jusrisdiction or merit? At that time costs were awarded but there is now no mention of thos on the "delivered" order - this could be an omission or oversight and as have similar happen to self in past just supplied a letter pointing everything out and ask they look again at notes & listen to recording.

I assume you mean the case was heard in Northampton - Bulk Centre? - and the defendant resides in Scotland? If so then there could be problems with cross border enforcement - added costs for one. Have a read of http://www.govanlc.com/suedinengland.htm

[mystery1]

Re: Vary a court order, who pays for it ?

I was sued via MCOL. I live in Scotland. I approached the claimants solicitor who wanted to speak to the client. I was short of time so made an application pursuant to cpr 11 for the claim to be struck out without a hearing. I attached a list of costs. The court struck out the claim but made no mention in the order as to costs.

I contacted the court to no avail. I contacted the claimant who said no costs awarded piss off.

I want to use cpr 23 to vary the order to get my original costs. I want the costs of the 2nd order (£45 plus post and research) but want to know if the original claimant or the court should pay for the 2nd order.

I don't think i should suffer because the claimant screwed up and then the judge screwed up.

draftorderme.odt lbcosts.odt

M1

[ploddertom]

Re: Vary a court order, who pays for it ?

Ah - if you want costs you would have to submit an action in your own Court in Scotland. If you have it granted you then have to have it transferred to England and then only HCEO's can enforce - regardless of sum claimed. This is not very common.

To be honest think you may find this to be expensive to action. Their solicitor is playing the jurisdiction game now he has been sussed out which is why they told you to politely disappear - they were probably thinking you would just pay up. You may have to put this down to experience.

[mystery1]

Re: Vary a court order, who pays for it ?

Well i'll make an application under cpr 23 and see what happens. No way i'm giving up. If it costs me more so be it but there is no way i'm going to let such an injustice lie. It borders on crooked. It might be the system is rubbish, it might be the claimant is an arse or it might be the judge is mistaken/useless but none of these should cost me money.

I'd have been better kicking their arse utilizing cpr rather than getting the correct court to deal with it.

M1

[mystery1]

Re: Vary a court order, who pays for it ?

So they sent out a letter yesterday. I haven't got it yet.

Tried to find out what the order is but the girl on the phone was on a different planet. On one hand she said it was dismissed and on the other i was awarded £45. If i don't get full costs i may have to utilise the independence debate to highlight the problem of Scots be treated like shite by the English court system.

M1

[mystery1]

Re: Vary a court order, who pays for it ?

So, the original application has been varied. Instead of the original order striking out the claim and no mention of costs we now have a situation where the court recognises that the claimant discontinued after i had lodged my original "out of jurisdiction" application. My application is therefore dismissed and the claimant has to pay me £45.

So i paid £45 to apply. £45 to vary. Postage, over 1 hour on the phone, time researching and i get £45 in costs.

The claimant will not pay costs other than £45 as that's what the court says. Sneered at cpr 38 because the judge didn't say.


So now it looks like another £50 to vary again ! and another £50 for costs under cpr 38.

I'm a stubborn fecker. They will get pissed off when they realise that i will not give up.

M1

[panther12]

Re: Vary a court order, who pays for it ?

The system does seem rather arse over tit but I'm sure now they realise who they're up against they'll cave lol. Not sure if this helps, it's something I saved to see off Carter when he threatening court action against my bro who now lives in Australia.
Jurisdiction Challenges April 2104.ashx.pdf

[mystery1]

Re: Vary a court order, who pays for it ?

The case is seen off now

It's just the matter of getting the costs right. I can forgo a bit of time but anything i've paid i want back. I'll keep paying fees to get it too.

M1

[mystery1]

Re: Vary a court order, who pays for it ?

So i made an application to have the case struck out which worked. No costs awarded. Application fee £45. £45 down on fees plus postage time etc.

I made an application to vary to get costs. The court awarded me £45 for the first application fee. I paid an application fee of £45 for the privilege. £45 down on fees plus postage time etc.

I made another application to vary. Was dismissed out of hand. I paid £50 application fee. £95 down on fees plus postage time etc.

I made a 3rd application to vary which is in the system. I paid £50 application fee. £145 down on fees plus postage time etc.


Today i tweeted Salmond, Cameron & Miliband to start annoying people. Why should the English CPRs usurp Scots law and why should they get away with stealing my money ?

M1

[wales01man]

Re: Vary a court order, who pays for it ?

Cos they can M1 !

[mystery1]

Re: Vary a court order, who pays for it ?

Cos they can M1 !

You might be right but i am not the average person who gives up easily. I make Sparkie look like a pussy cat

M1

[wales01man]

Re: Vary a court order, who pays for it ?

keep fighting