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Legal aid rates are set but not by the lawyers

 

As I understand it (and I'm no expert) Lawyers and Barristers, particularly those who are self employed can accept lower rates, they just choose to turn away from the work. Bottom line is for the perpetrators not to do the crime.

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I didn't say two wrongs make a right, I meant if you kill someone and go to prison you should lose the right to a warm bed, three meals , play stations. Face book etc. Prison is more like a hotel now.

 

I know and I didn't claim that you did..you said this "In my opinion when you stop acting like a human you should lose your Human rights " so surely that should apply to anyone who stops acting like a human being in all circumstances?

 

But yes I'm all for harsher conditions in prison; certainly harsher than they are for many now

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You don't win costs in the small claims track

 

You can. Part 27 of the CPR off the top of my head. It used to be a small amount (£60 or thereabouts) plus an amount for disbursements, prior to 1st April 2013. It my have changed post 1st April 2013, I don't really deal with small cases like this, but I'm pretty sure you still get an amount for dibs at least.

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You can. Part 27 of the CPR off the top of my head. It used to be a small amount (£60 or thereabouts) plus an amount for disbursements, prior to 1st April 2013. It my have changed post 1st April 2013, I don't really deal with small cases like this, but I'm pretty sure you still get an amount for dibs at least.

 

I think if it's a £60, the point still stands. I'm fairly sure that there's no costs awarded though (except from the court fee), it's only discretionary in the fast track

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I think if it's a £60, the point still stands. I'm fairly sure that there's no costs awarded though (except from the court fee), it's only discretionary in the fast track

 

The issue of costs normally form part of the agreement for damages ie:

 

£x,xxx.xx plus the Claimant's reasonable costs.

 

If the general damages are not greater than £1,000.00, then the Claimant recovers their reasonable costs which in these instances are Small Claims Track costs (a fixed amount plus an amount for disbursements), unless the parties have come to some other agreement. If the GD's are greater than £1,000.00, whether Fast-Track or Multi-Track, the costs are assessed on the Standard basis (ie a bill served with all the work undertaken), and the discretionary issue is that of the actual assessment of these costs by a Judge/Costs Master should it run to an assessment hearing, like the one I'm going on tomorrow.

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I know the location where it happened which whilst not direcly relevant does sort of make it more 'real' to me

 

Casual volence is rife and fortunately most of the time does not result in serious injury nor death. I have no doubt the perp did not intend to kill the victim but he was i am sure not concerning himself much with what damage he might cause.

 

 

4 years may well be within the guidelines which is why it's been upheld but for me that should be the tariff when a punch causes some serious physical harm. When it results in death..minimum 10 years for me. If people knew that throwing a single punch could result in going to prison for 10 years they might have a less casual attitude to violence...deterrent is king

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The issue of costs normally form part of the agreement for damages ie:

 

£x,xxx.xx plus the Claimant's reasonable costs.

 

If the general damages are not greater than £1,000.00, then the Claimant recovers their reasonable costs which in these instances are Small Claims Track costs (a fixed amount plus an amount for disbursements), unless the parties have come to some other agreement. If the GD's are greater than £1,000.00, whether Fast-Track or Multi-Track, the costs are assessed on the Standard basis (ie a bill served with all the work undertaken), and the discretionary issue is that of the actual assessment of these costs by a Judge/Costs Master should it run to an assessment hearing, like the one I'm going on tomorrow.

 

I guess that we are defeating the point anyway! Whichever way you look at it the tax payer is covering the costs win or lose for a claim brought by a prison inmate

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I think that everyone within the boarders of the country should come under its laws, even prison inmates.

 

I mean in terms of costs- he isn't in a position to pay legal fees so the bill lands at the feet of the tax payer. In addition, since it was the prison service he was suing, their defence was paid for by the tax payer as were the costs awarded to him

I completely agree generally though

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