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Hello
I'll try to keep this succinct.
At a recent directions hearing to potentially extend and interim NMO (with no admission or findings of fact) until a final 2 day hearing date in March 2023, I received a phone call from the applicant's barrister stating that the applicant wants the order to conclude on 31/12.
I agreed, in principle, providing my costs to date were awarded. His barrister disagreed despite not taking instructions and clearly being unaware that the previous application I made asked for costs and this was to be reviewed at the final hearing. The judge was clear that he could not consider an award of costs without hearing evidence.
Although the hearing was not an evidential hearing, the judge did have time to look at some of my counter evidence and said that, on one point, the applicant's witness statement was not made out. This related to an allegation that I was acting in an aggressive manner on a certain day although this could not be a finding of fact as it wasn't an evidential hearing. Luckily I had taken an hour long video which clearly disproved this one allegation. Of course, the applicant's statement is filled with lies and the judge was critical that the application was not supported by objective evidence.
The judge said he did not wish to close the door on me from making an application for a determination of costs hearing but advised against it as he said something along the lines of, "You will be accruing costs in order to merely determine costs". The order gave us both the right to make an application by 31/12.
I have filled out an FL403 asking to vary the order and in particular to provide an extension of time in which the application for determination of costs can be made. This is because it is so close to Xmas and I am unable to seek legal advice as all legal firms will be on holiday by close of business tomorrow.
His solicitors do not agree to me applying for an extension and neither will they agree to the FP2 application for a determination of costs.
Should I ask the court to extend the deadline to give me time to perhaps obtain legal advice or just file an application? Also, can I file that application without notice even though I have verbally told his solicitors that I intend to apply for it? I obviously don't want to jeopardise my right to apply nor lose the right if in doing so it would be seen as an abuse of process for instance.
The fee for without notice is £53. The fee for on notice is £167. The local fees office asked if I had sent the FP2 form to the applicant's legal team (which I have not). They said if I have sent the form then I must pay the on notice fee but were not too clear on whether verbally expressing that I may make an application is deemed as "on notice"?
A response statement I received from the applicant seems to back track on several false allegations he had made because of what I see as my robust evidence in rebutting his nonsense and lies. I therefore feel like I am in a good position to bring this to a satisfactory conclusion and an award of costs in my favour. Of course, anything can happen on the day and I could perhaps even end up by some strange turn of events end up at cost risk.
The question is would my cost risk being simply his costs going forward from this point or at risk of all of his costs as I myself am trying to claim my costs to date (and any further costs I may be put to)?
Any advice would be gratefully received.
I'll try to keep this succinct.
At a recent directions hearing to potentially extend and interim NMO (with no admission or findings of fact) until a final 2 day hearing date in March 2023, I received a phone call from the applicant's barrister stating that the applicant wants the order to conclude on 31/12.
I agreed, in principle, providing my costs to date were awarded. His barrister disagreed despite not taking instructions and clearly being unaware that the previous application I made asked for costs and this was to be reviewed at the final hearing. The judge was clear that he could not consider an award of costs without hearing evidence.
Although the hearing was not an evidential hearing, the judge did have time to look at some of my counter evidence and said that, on one point, the applicant's witness statement was not made out. This related to an allegation that I was acting in an aggressive manner on a certain day although this could not be a finding of fact as it wasn't an evidential hearing. Luckily I had taken an hour long video which clearly disproved this one allegation. Of course, the applicant's statement is filled with lies and the judge was critical that the application was not supported by objective evidence.
The judge said he did not wish to close the door on me from making an application for a determination of costs hearing but advised against it as he said something along the lines of, "You will be accruing costs in order to merely determine costs". The order gave us both the right to make an application by 31/12.
I have filled out an FL403 asking to vary the order and in particular to provide an extension of time in which the application for determination of costs can be made. This is because it is so close to Xmas and I am unable to seek legal advice as all legal firms will be on holiday by close of business tomorrow.
His solicitors do not agree to me applying for an extension and neither will they agree to the FP2 application for a determination of costs.
Should I ask the court to extend the deadline to give me time to perhaps obtain legal advice or just file an application? Also, can I file that application without notice even though I have verbally told his solicitors that I intend to apply for it? I obviously don't want to jeopardise my right to apply nor lose the right if in doing so it would be seen as an abuse of process for instance.
The fee for without notice is £53. The fee for on notice is £167. The local fees office asked if I had sent the FP2 form to the applicant's legal team (which I have not). They said if I have sent the form then I must pay the on notice fee but were not too clear on whether verbally expressing that I may make an application is deemed as "on notice"?
A response statement I received from the applicant seems to back track on several false allegations he had made because of what I see as my robust evidence in rebutting his nonsense and lies. I therefore feel like I am in a good position to bring this to a satisfactory conclusion and an award of costs in my favour. Of course, anything can happen on the day and I could perhaps even end up by some strange turn of events end up at cost risk.
The question is would my cost risk being simply his costs going forward from this point or at risk of all of his costs as I myself am trying to claim my costs to date (and any further costs I may be put to)?
Any advice would be gratefully received.
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