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Costs Application adjourned

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  • Costs Application adjourned

    Hi,

    Hopefully some quick advise please.

    A recent oral reconsideration hearing was vacated (incorrectly) by the defendant, and I submitted an application for costs, preparing for this hearing.

    The defendant failed to submitted the correct forms to vacate the hearing although he did ask for the same by email, failing to advise me and then failed to turn up. I was only notified of the hearing whilst abroad at a funeral so advised the court the I was also not able to attend.

    The court have advised as such;

    The permission application is refused

    The costs application (which is my own) is to be dealt with by the court on paper unless otherwise directed by the court

    This order shall be served by the court

    Am I correct in thinking I will now be advised by the court via the post as to what happens next with my cost application, or do I need to do anything else?

    Thank you
    Tags: None

  • #2
    If this thread is in connection with the defendant appealing against a court decision, please read CPR Part 52 - Appeals
    In particular 52.24 (6) and (6)(b)
    The judge was of the opinion that the reconsideration could not be fairly determined on paper and directed that an oral hearing should take place, setting a time and date
    The appellant, the defendant, failed to give adequate notice and a good reason why he or she could not attend the hearing, so the judge refused his or her appeal
    The court has confirmed your cost application, already filed, will be dealt with on paper without a hearing, so IMO you should wait to find out the outcome

    CPR 52.19 limits the recoverable costs of an appeal
    52.19 (4) states an application for a costs order will be determined without a hearing unless the court orders otherwise
    Last edited by Pezza54; 1st April 2025, 16:04:PM.

    Comment


    • #3
      You need to prepare a Statement of Costs relating to your time spent and expenses incurred in connection with the hearing. Collate all receipts. Send these to the court (keep copies) with a request that the judge deal with this under paragraph [number] of the order made on [date of order].
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment

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