Need court/order explaining

[upndown]

Could someone please explain the contents of the consent order made at court below please. I am the second defendant, the first is my OH. If I do not pay these 60% costs then is the plaintiff entitled to claim full costs from my OH.

http://i450.photobucket.com/albums/q...2009_00000.jpg

Thanks

[Paule]

Re: Need court/order explaining

What was the case in relation to?

[Guest]

Re: Need court/order explaining

The Order states that judgment has been ordered against you for the sum of £250 and that you have been ordered to pay 60% of the costs of the Plaintiff (which means the Claimant) and those costs, if not previously agreed between the parties, will not exceed scale 1, exceeding £100 but not exceeding £3000. It goes on to say that the limit of your liability to pay those costs has yet to be determined under s.17 of the Legal Aid Act 1988. Section 17 states that the liability of a legally assisted party under an order for costs made against him with respect to any proceedings shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances, including the financial resources of all the parties and their conduct in connection with the dispute.

The Court makes the same order in relation to the first defendant.

It goes on to state that the costs you have been ordered to pay will be subject to taxation. The taxation of costs is the assessment and measurement of legal costs and provides an independent and impartial process of assessment of legal costs which endeavours to achieve a balance between the costs involved and the services rendered.

[StoneLaughter]

Re: Need court/order explaining

The Order states that judgment has been ordered against you for the sum of £250 and that you have been ordered to pay 60% of the costs of the Plaintiff (which means the Claimant) and those costs, if not previously agreed between the parties, will not exceed scale 1, exceeding £100 but not exceeding £3000. It goes on to say that the limit of your liability to pay those costs has yet to be determined under s.17 of the Legal Aid Act 1988. Section 17 states that the liability of a legally assisted party under an order for costs made against him with respect to any proceedings shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances, including the financial resources of all the parties and their conduct in connection with the dispute.

The Court makes the same order in relation to the first defendant.

It goes on to state that the costs you have been ordered to pay will be subject to taxation. The taxation of costs is the assessment and measurement of legal costs and provides an independent and impartial process of assessment of legal costs which endeavours to achieve a balance between the costs involved and the services rendered.

LOL... DUDE... can we have that in English please?

[upndown]

Re: Need court/order explaining

Thanks very much Cetelco, for your awesome reply, but boy that is confusing,

What I would like to know please is if the 2nd defendant does not pay these costs then is the 1st liable to pay all the costs to the claimant? and if so how much? or roughly how much would the costs be?

Your reply has been very interesting, thanks so much, you really know your stuff :tinysmile_grin_t:

[Guest]

Re: Need court/order explaining

There is no provision in that order for either Defendant to pay the other Defendant's costs. This is referred to as "joint and several liability" and would have to be specifically referred to in the Consent Order.

If the creditor (the person or company you each owe the £250 to according to this order) attempts to take more than 60% of their costs from you, then you must refer this to the Court. The order does not make the 60% stipulation in relation to the first Defendant however, so it looks like they may have to pay more than you.

However, I should also point out that the order explicitly states that any attempt to recover costs against you is limited to 60% only, must be taxed on scale 1 (if not agreed beforehand between the parties) and in any case, whether or not you should pay at all has yet to be agreed.

In order to determine whether or not either you or your co-Defendant has to pay at all, another hearing is required and that will not happen until either you and your co-Defendant or the creditor make an application to the court for the hearing to determine how much, if any, of these cost you must pay and how much will be paid by Legal Aid.

[upndown]

Re: Need court/order explaining

First I would like to thank you so much for clearing this matter up so finely.

I will seek legal advice

[StoneLaughter]

Re: Need court/order explaining

Is this a financial matter? A family matter? If you're nervous about approaching the matter on an open forum, please PM one of the site team (Private Messages are ABSOLUTELY private) who can advise you about what to do.

[upndown]

Re: Need court/order explaining

Thank you stonelaughter for your advice, I really appreciate it,

Thank you once again

[WendyB]

Re: Need court/order explaining

Hi. Please pm one of the site team if you do not want to post on an open forum, they will be able to help and advise you, and be assured that nothing will be posted on open forums without your express permission. Private messages on this site are just that, ABSOLUTELY PRIVATE. And please don't worry, calm down and everyone here will do our best to help as much as possible.

[Paule]

Re: Need court/order explaining

A List of the Site Team is here Legal Beagles - Show Groups

anyone who is red, black or purple is a member of the site team

[upndown]

Re: Need court/order explaining

Is it possible to send a subject access request to your previous mortgage company. I paid off my mortgage with Abbey National in 2005.

[Paule]

Re: Need court/order explaining

You can send one to anyone who you believe has a record of ANY personal data on yourself.

[upndown]

Re: Need court/order explaining

Thanks PKea even if the mortgage is paid off?
------------------------------- merged -------------------------------
Also do you have any idea what address I would send it to please

[StoneLaughter]

Re: Need court/order explaining

Yes - but you will have to give them enough information for them to go on; e.g. an account number might be useful, or the address you were at when the mortgage finished etc. Generally the longer ago it was, the more info they'll need to find your record.

Generally you send SAR's to the "Head Office" address of the organisation.