What are the options?

[G7ivp]

An Order was made by a County Court:

IT IS ORDERED THAT
1. No order as to costs with respect to today's consequential hearing.
2. The Defendant is entitled to 75% of her costs of the action to be assessed on the standard basis if not agreed.
3. The Claimant is to pay to the Defendant the sum of £16,000 by way of ai1 interim payment on account of those costs.

Dated 28th September 2022

The Claimant's solicitors say he has no money to pay and are delaying matters (payslips and bank statement have been supplied with the amounts redacted - useless!).

What are the defendant's options? There is a car worth 16k to seize.

Would High Court Sheriff's be a better option than County Court Bailiff's?

[ostell]

Yes High court every time

But the car could be lease

[atticus]

Parts 70 onwards of the CPR and the accompanying Practice Directions set out the available methods of enforcement.

You will also need to deal with assessment of your costs.

You appear to have lawyers - seek their advice.

[G7ivp]

Thank you for the input.

"Parts 70 onwards of the CPR and the accompanying Practice Directions set out the available methods of enforcement."

I'll look it up.

"You will also need to deal with assessment of your costs."

How?

"You appear to have lawyers - seek their advice."

Unfortunately the money has run out so unable to retain lawyers.

[G7ivp]

Yes High court every time

But the car could be lease

Thank you - confident the car is owned.

[atticus]

Assessment of costs is a pain in the proverbial. CPR Practice Direction 47. Thankfully I was always able to negotiate agreement of costs rather than have to go through this rigmarole. Would you believe that it has generated an entire profession known as "costs lawyers"?

[G7ivp]

Assessment of costs is a pain in the proverbial. CPR Practice Direction 47. Thankfully I was always able to negotiate agreement of costs rather than have to go through this rigmarole. Would you believe that it has generated an entire profession known as "costs lawyers"?

Can this be done without lawyers? Can it be spead up by failing to agree and accept 75% of costs?

[atticus]

I have tried to explain that I am not the person to talk about the process.

Of course things can be speeded up by agreeing a figure. As you know, it takes 2 to reach agreement.