Can I claim back issue of court proceedings fees? (doubting my solicitor...)

[plain_annie]

Good morning all,

Just over a year ago I entered into dispute resolution. After 11 months of getting nowhere, my solicitor said that it was time to issue court proceedings if we were going to get anywhere. A barrister was appointed who drafted proceedings and I duly paid £2000 which my solicitor said would cost in court fees to issue the proceedings. It took nearly a month for the court to serve the papers to the other side. After the two or so weeks my solicitor said the other side have got time to respond too, they responded last minute by stating that papers claimed critical errors (court admin errors) and were therefore null and void. The admin errors were spelling mistakes in both the claimant AND defendant names... :-(

The papers were then supposedly corrected, and once received the defendant immediately agreed to settle out of court :-)

I never did receive the corrected court papers.

Would I at all be possible allowed to claim back my £2000 (or part of) issue of court proceedings fee - I only ask because my solicitor seems to think it would be doubtful.

Many thanks in advance

Plain Annie xx

[R0b]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

As part of your settlement you would seek to get the other side to pay your costs including application fees.

[Amethyst]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

How much was the claim for ? £2000 is a big court fee (ATM for claims over £10k the court fee is 5%) so I don't think that would have just been court fees and would be your solicitors charge as well. Unless your claim was for £40k odd.

The settlement should have included the court fees.

[plain_annie]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

Thanks for your super quick reply R0b. The other party made an offer to settle which I accpeted, although this was significant less than what my barrister had set out in the proceedings - I just wanted this over and to be able to get on with my life. However, I just feel that the £2000 i paid for court fees, then for the court to send out papers with 'really' bad typos on is quite unnaceptable... any other thoughts please? x

[plain_annie]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

thanks Amethyst for your prompt reply. I was claiming for £18,000 plus costs and loss of earnings (although no figure was set out in the proceedings for this). My solicitor told me that the court fee would be £2000.

[Amethyst]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

The courts cock up hasn't cost any further money, it was corrected and the court claim valid, then the settlement was agreed. If the court fee wasn't agreed as part of the settlement then I'm afraid that is down to the negotiation.

Have you had your formal bill and breakdown of costs from the solicitors?

Was it a personal injury claim?

[plain_annie]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

No, I haven't had a formal bill and breakdown of costs from my solicitor - should I get one? I paid my solicitor monthly as we went along.

No, it wasnt a person injury claim - I bought a machine for my business that wasnt fit the purpose it was sold to me for.

x

[plain_annie]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

No, I haven't had a formal bill and breakdown of costs from my solicitor - should I get one? I paid my solicitor monthly as we went along.

No, it wasnt a person injury claim - I bought a machine for my business that wasnt fit the purpose it was sold to me for.

x

[Amethyst]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

Ok.

Did you get bills each time or just pay when he said it was needed?

I would maybe ask him for a full breakdown of what you have been charged on this - maybe so you can use it in your accounts ?

SRA - > ''When you first start to instruct a lawyer, they should give you as much information as possible about how much your work will cost or how the cost will be calculated. You should also get an explanation of the charges at the end your case, and at any time you request it.''

[plain_annie]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

Ok.

Did you get bills each time or just pay when he said it was needed?

I would maybe ask him for a full breakdown of what you have been charged on this - maybe so you can use it in your accounts ?

SRA - > ''When you first start to instruct a lawyer, they should give you as much information as possible about how much your work will cost or how the cost will be calculated. You should also get an explanation of the charges at the end your case, and at any time you request it.''

Yes, I got bills with a breakdown of costs. The bills were very clear and showed where time was spent. I only asked about the court fees as £2000 seems an aweful lot of money for the amoutn I was claiming for.

Thanks again.

[R0b]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

the £2,000 sounds more like solicitors costs of making the application and possibly fees included but I could be wrong. Without a breakdown it's difficult to say. I am surprised that the solicitor did not argue that costs and recovery of application fees be included. Solicitor should have given you a breakdown of what the settlement figure was made up of and whether or not it contained recovery of fees. If you were hasty in accepting the offer then that you have contributed to it partly.

As I suspect it may be solicitors fees + costs of making the application. However I would argue that since the solicitor was negligent in making the initial application you would expect some monies deducted.

[Amethyst]

Re: Can I claim back issue of court proceedings fees? (doubting my solicitor...)

Absolutely, it will be the court fee plus solicitors costs - but you should have a breakdown of that - the court fee now for an £18k claim is £900 so there's £1100 in solicitors costs ? If it was a claim for an unspecified sum it would be £10k so it would have to be a claim for an unspecified sum not exceeding xxxxx . Do those breakdowns not show you how much the court fee was? and what was attributed to the solicitors fees ?

I don't think it was the solicitors who were negligent it was the court ( or at least that's what the solicitors said )