Court costs

[Amethyst]

Re: Court costs

[MENTION=68399]Help please 2015[/MENTION];

[Help please 2015]

Re: Court costs

Hi,

Thanks for your reply.
so basically my wife was named in her late grandmothers will in 1996/2008.
in both wills she was to inherit everything. (£140k)

Late into her illness in 2010 when she was in a home, three months before she died this Mark Moore came along with Mark Moore and done another will in which he gained everything and my wife had nothing.

so we have fought this case using all our savings. And when we ran out of money no one wanted to know. So in the end we decided to pull away from the case.

There was a trial set for late May, but we pulled out weeks prior to this.
We informed GMS that we wanted the court to asses the costs as we felt they were wrong.

next minute we received a email 24 hours prior to say that there was a hearing.

it was half term and I was working so we had childcare issues.

Over a week had passed and we heard nothing, so we emailed GMS and the reply I will email to you.

Regards

Lee

[Amethyst]

Re: Court costs

''We note that we have not received the £6,500 which was due by today under the Order of 22 September 2014.''

What was that for?

Who is Mark Moore in relation to your wife / her grandmother ?

Also whats the complaint against your previous solicitors about ? and did they advise you in the lead up to this hearing which resulted in the £19k costs order?

And do you have a copy of the agreement to settle ?

[stevemLS]

Re: Court costs

You can still apply for detailed assessment, have a look at CPR 47 and associated PD.

Part 47 here. https://www.justice.gov.uk/courts/pr...ssessment#47.1

On what basis do you think it is too much whilst c£22k may seem and indeed is a lot, for contentious probate matters that were ready and listed for trial, it probably isn't - these are notoriously expensive proceedings.

Two warnings.

You have 3 months from the date Notice of Discontinuance was served to commence detailed assessment.

If you lose, you will have to pay the additional costs of the assessment proceedings. The other side's solicitor will already have provided a summary of costs for the discontinuance hearing and the judge was obviously satisfied with it or the Order would not have been made.

So, in essence, you are at risk of throwing good money after bad.

[Help please 2015]

Re: Court costs

Hi Amethyst,

In answer to your questions.

1. The £6500 was for a failed previous hearing that, of which we didn't attend, due to our former solicitor advising us.

2. Mark Moore was a nephew

3. The complaint was against our former solicitor who took it on a no win no fee basis, but ended up withdrawing without. Notifying the court. Hence the£6500. Court fee.

plus along the way took £6500 of us.


there was no agreement to settle we notified our intention to GMS to withdrawn and that our wish was for the courts to asses the costs as GMS Norwich based. We're charging London prices.

Seems ms to be a waste of time as the judge went with them, even though the judge who put the will together Godfrey Morgan has been struck of for being bent. Please feel free to google it... And this is the British justice system.

[Amethyst]

Re: Court costs

Okay - problem is the court seem to think you made an agreement - section UPON THE PARTIES HAVING AGREED ....... including....any claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 - That's quite important, it says BY CONSENT..... Do you have the letters telling GMS you were withdrawing ? and their confirmation/ any discussions around it ?

[Amethyst]

Re: Court costs

Godfrey Morgan, who founded the Norwich firm, GMS Law ... ffs

Anyway regardless of that you have had a cruddy time, of it these costs do need paying, they are by order of the court and have been assessed. I don't think for a moment this lot will be accepting £50 a month. You could consider bankruptcy but you need to take proper advice on that. If the house is solely in your OH's name then you could be okay. I think I'd rather go that way than offering a voluntary charge over the house.

Where are things up to with your complaint against your own solicitors firm ?

[Help please 2015]

Re: Court costs

Hi,

the house is in joint names, although my husband put all the money through his inheritance and has paid all the monthly payments.

serious we are at the point that a firm like that, have been able to win.

it has all boiled down to Mark Moore had nothing been on the doll all his life and lives in a council house, can take it all the way because he knew they couldn't take anything from him.


A shameful system, we were told the only way to stand a chance to win was to throw money at it. Is this really justice, as per norm in this country your better off having nothing.