John Lewis Cca?? ***WON*** struck out

[citizenB]

Thanks martin for posting, what i was concerned about was the hearing as x20 stated in post 91 that there is no hearing for this. If i have to go to court its not a problem, just wanted x20 point clarified.

 

Thanks again

 

GG

 

Courts and DJs appear to have their own little quirks, GG. I dont know anything about the procedures for the costs.. I wonder if perhaps they just want everything clarified in order to allow the costs.

 

Do as advised and break everything down, attach receipts for posting etc.

 

HTH

[surfaceagentx20]

Guz,

 

Apologies for lateness. The PF85A does not lead to a hearing. It is merely a request for judgment on the back of the other sides's failure to comply with an order of the court.

 

It seems to me the DJ is going out on a limb here, possibly because your claim for costs preceded the judgment giving a right to costs. In order to get a better idea would it be possible for you to scan and post the order up?

 

x20

[guzzleguts]

Thanks x20

 

I will post it up in the morning

 

GG

[surfaceagentx20]

Guz,

 

The fixing of a hearing suggests a litigant has applied for one. In simple terms and in the sphere of costs, a hearing is only fixed after the receiving party has submitted a bill and the paying party has submitted Points of Dispute. If the paying party does not submit Points of Dispute the paying party is treated as 'content' and all the receiving party need do is ask the court for a default costs certificate for the amount of his bill.

 

As I understand things, you submitted a bill without first obtaining an order for the paying party to pay your costs. Yet all the same and as far as I recall, the paying party has not served Points of Dispute. So why a hearing? If the paying party has served Points of Dispute you'd better let us know and the nature of the Points being taken.

 

All the same, what I have said is the usual procedure. If the DJ is tackling things in a different way, comply with what the DJ wants you to do.

 

x20

[guzzleguts]

Thanks x20 much appreciated.

 

If you get time this eve could you look at my other thread left you a couple of questions there as im in court on tues.

 

Thanks again

 

GG