Vary a court order, who pays for it ?

[mystery1]

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

So my latest court order is :-

Please note that DDJ x has deferred your application, and has commented as follows :

" The court will treat this application on a review of the order dated 7th July 2014. The defendant is to serve written representation to the court by 4pm on the 22nd August 2014. Re-submit for a review without hearing"

Please submit additional information/evidence to the court as per the judge's instructions.





Anyone got an idea what this means and if there are extra costs ?

M1

[Amethyst]

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

What was the order of 7th July?

[mystery1]

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

Upon the court noting that

1) the defendant was by order dated 3rd June 2014 awarded court costs of original application, such costs having been assessed by the court and
2) no application for costs was included in the defendants application dated 21st February 2014

application is refused.













Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2014




UPON reading the Defendant’s Application Notice dated 21/02/14


And




UPON the Court noting that the Defendant resides outwith the jurisdiction of the court


IT IS ORDERED THAT:


1. The court varies the order of Deputy District Judge Parker and awards the defendants costs of £163.22 as asked for the intial application.


2.The Claimant do pay the Defendant’s costs of this application amounting to £81.







Claim for costs.


Application fee £45
Considering the order research and drafting application 2 hours @ £18 per hour




I confirm the above costs to be accurate.






Witness on behalf of the defendant








2. I was served with a claim by the claimant x on 21/1/14 which was dated 16/1/14.


3. I acknowledged service and made an application to the court under cpr 11 to dispute jurisdiction.


4. The order I sought was that the court declared no jusrisdiction, the claim be struck out and costs awarded. A breakdown of costs was provided.


5. The claim was struck out by order of DDJ Parker on 13/02/14.


6. The order of DDJ was silent on costs.


7. I phone Northampton (ccbc) on 21/2/14 and was told that as the order was silent there were no costs.


8. I phoned the claimant who stated they would not pay costs because the order was silent and thus no costs were due.


9. I make this application to vary the order of DDJ Parker to include the costs as appears to me that there has been an error or oversight and that the courts would not penalise a defendant for the claimants clear abuse of process. As a Scotsman I should not have ever had a claim raised against me and to be out of pocket would be mindblowing when there was no right to do what the claimant had done.







M1

[Amethyst]

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

lol, it's getting complicated I think you just need to write a letter to the court to spell out the situation simply as I'm not sure your WS does although your application of 21st Feb obviously does ask for costs of the application but could be taken to mean the costs of the previous application rather than this application.

So you've make how many applications in total - 3 ?

1 application for strike
2 application to vary to add costs of 1 and 2
3 application to vary to add costs of 2 and 3
4 application to vary to add costs of 2 and 3 and 4

So you're still only awarded costs of 1 ? (£45)

Maybe the judge is confused as me lol and just needs it spelling out.

[mystery1]

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

I thought i put it quite clearly in the last witness statement

Witness on behalf of the defendant

2. Iwas served with a claim by the claimant x on 21/1/14 which was dated 16/1/14. (exhibit 1)


3. Iacknowledged service 21/1/14 and having read the Civil ProcedureRules made an application to the court under cpr 11 to disputejurisdiction on 28/1/14. This included a witness statement,application and draft order (Exhibits 2-7)


Cpr11


1)A defendant who wishes to –
(a)dispute the court’s jurisdiction to try the claim; or
(b)argue that the court should not exercise its jurisdiction
mayapply to the court for an order declaring that it has no suchjurisdiction or should not exercise any jurisdiction which it mayhave.
(2)A defendant who wishes to make such an application must first file anacknowledgement of service in accordance with Part 10.
(4)An application under this rule must –
(a)be made within 14 days after filing an acknowledgement of service
(5)If the defendant –
(a)files an acknowledgement of service; and
(b)does not make such an application within the period specified inparagraph (4),
heis to be treated as having accepted that the court has jurisdictionto try the claim.




4.Cpr10.1 (1)This Part deals with the procedure for filing an acknowledgement ofservice.
(3)A defendant may file an acknowledgement of service if –
(b)he wishes to dispute the court’s jurisdiction.


5.The order I sought was that the court declared no jurisdiction, theclaim be struck out and costs awarded. (exhibit 2) A breakdown ofcosts was provided. (Exhibit 7)


6.The claimant filed a notice of discontinuance dated 30/01/2014 whichwas received on or around 5/2/2014 which was after the deadline formaking an application to dispute jurisdiction under the CPRs listedabove.


6.The claim was struck out by order of DDJ Parker on 13/02/14.


7.The order of DDJ was silent on costs.


8. Iphoned Northampton (ccbc) on 21/2/14 and was told that as the orderwas silent there were no costs.


9. Iphoned the claimant who stated they would not pay costs because theorder was silent and thus no costs were due.




10.Cpr 44 deals with costs.
44.2
(1)The court has discretion as to –
(a)whether costs are payable by one party to another;
(b)the amount of those costs; and
(c)when they are to be paid.
(2)If the court decides to make an order about costs –
(a)the general rule is that the unsuccessful party will be ordered topay the costs of the successful party; but
(b)the court may make a different order.
(4)In deciding what order (if any) to make about costs, the court willhave regard to all the circumstances, including –
(a)the conduct of all the parties;
(b)whether a party has succeeded on part of its case, even if that partyhas not been wholly successful; and
(c)any admissible offer to settle made by a party which is drawn to thecourt’s attention, and which is not an offer to which costsconsequences under Part 36 apply.
(5)The conduct of the parties includes –
(a)conduct before, as well as during, the proceedings and in particularthe extent to which the parties followed the Practice Direction –Pre-Action Conduct or any relevant pre-action protocol;
(b)whether it was reasonable for a party to raise, pursue or contest aparticular allegation or issue;
(c)the manner in which a party has pursued or defended its case or aparticular allegation or issue; and
(d)whether a claimant who has succeeded in the claim, in whole or inpart, exaggerated its claim.
(6)The orders which the court may make under this rule include an orderthat a party must pay –
(a)a proportion of another party’s costs;
(b)a stated amount in respect of another party’s costs;
(c)costs from or until a certain date only;
(d)costs incurred before proceedings have begun;
(e)costs relating to particular steps taken in the proceedings;
(f)costs relating only to a distinct part of the proceedings; and
(g)interest on costs from or until a certain date, including a datebefore judgment.




12.Cpr 46

1. Litigants in person

46.5
(1)This rule applies where the court orders (whether by summaryassessment or detailed assessment) that the costs of a litigant inperson are to be paid by any other person.
(2)The costs allowed under this rule will not exceed, except in the caseof a disbursement, two-thirds of the amount which would have beenallowed if the litigant in person had been represented by a legalrepresentative.
(3)The litigant in person shall be allowed –
(a)costs for the same categories of –
(i)work; and
(ii)disbursements,
whichwould have been allowed if the work had been done or thedisbursements had been made by a legal representative on the litigantin person’s behalf;
(b)the payments reasonably made by the litigant in person for legalservices relating to the conduct of the proceedings; and
(c)the costs of obtaining expert assistance in assessing the costsclaim.
(4)The amount of costs to be allowed to the litigant in person for anyitem of work claimed will be –
(a)where the litigant can prove financial loss, the amount that thelitigant can prove to have been lost for time reasonably spent ondoing the work; or
(b)where the litigant cannot prove financial loss, an amount for thetime reasonably spent on doing the work at the rate set out inPractice Direction 46.




13Practice direction 46

1. 1. Litigants in person: rule 46.5
   
   

3.4 Theamount, which may be allowed to a self represented litigant underrule 45.39(5)(b) and rule 46.5(4)(b), is £18 per hour.




11.I made an application, dated 21/02/2014, to vary the order of DDJParker to include the costs as it appeared to me that there has beenan error or oversight and that the courts would not penalise adefendant for the claimants clear abuse of process. This included awitness statement, application, costs list for this 2^ndapplication and draft order (exhibits 8 – 13)


12.The court order dealing with my application to vary dated 21/02/2014was dated 3/6/2014. (exhibit 14) along with further copies ofexhibits 2-7. DJ Boynton dismissed my first application dated 28/1/14(exhibits 2-7) and awarded me £45 for an application fee although Iwas unclear which application fee it was as I had paid for theoriginal application (exhibits 2-7) and the application to vary(exhibits 8-13).


13.I contacted the court and the claimant to but they both were of theopinion that as the judge had awarded £45 that would be all I wouldget.


14.The claimant sent a cheque for £45 with a letter dated 17/6/2014which is the date they are supposed to have paid by. It arrived on oraround 20/6/14.


15.I made a 2^ndapplication to vary dated 12/6/14 (exhibits 15-20) asking for allcosts. This includes a witness statement, application and draftorder.


16.The court order (exhibit 21) answering my 2^ndapplication to vary (exhibits 15-20) was dated 11/7/14, post marked20/7/11 and sent 2^ndclass. The order refused my 2^ndapplication as “no application for costs was included in thedefendants application dated 21^stFebruary 2014” I refer directly to exhibits 12 and 13 on thispoint.




Ibelieve that the facts stated in this witness statement are true.










Defendant



Sorry about format, that's how it copies for some reason.

M1

[mystery1]

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

lol, it's getting complicated I think you just need to write a letter to the court to spell out the situation simply as I'm not sure your WS does although your application of 21st Feb obviously does ask for costs of the application but could be taken to mean the costs of the previous application rather than this application.

So you've make how many applications in total - 3 ?

1 application for strike
2 application to vary to add costs of 1 and 2
3 application to vary to add costs of 2 and 3
4 application to vary to add costs of 2 and 3 and 4

So you're still only awarded costs of 1 ? (£45)

Maybe the judge is confused as me lol and just needs it spelling out.

1 strike out for no jurisdiction and 3 to vary. 1 x £45 costs paid to me as ordered.

I get the point on the 21st app but i did send cost breakdowns and the draft order had both costs. I believe the draft order and witness statements are part of the application and box 3 is limited.

M1

[mystery1]

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

Phoned the court and they think the judge is confused about what i want so wants a letter to clarify it. I guess that's why i couldn't find any rules dealing with a review (excluding judicial review!)

M1

[mystery1]

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

Application refused.

No reason given. Probably not allowed to write "Piss off you poor Scottish tosser"

M1

[Amethyst]

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

lol, bummer. So what's the plan?

[mystery1]

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

What with work crap, i don't know if i can be bothered, or have the time, to continue or not. If i do i would look in to a telephone hearing.

M1

[panther12]

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

Can you get your local MP involved. Does seem wrong to be left out of pocket and not allowed to recoup your costs defending an action that the claimant had no right to use the mcol system to bring the claim in the first place.