Example sentences of "[prep] the plaintiffs [noun] " in BNC.
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1 | said that if the defendants were doing no more than perform an obligation already cast upon them by law there was no consideration for the plaintiffs agreement not to sue . |
2 | was the defendants solicitors , the parties during nineteen ninety one , the two solicitors , had dealt with the question of costs and er perfectly normal way , the plaintiffs have their costs , drafted by er cost draughtsman , I understand that in-house draughtsman and erm they produced to Mr a bill for costs , er Mr looked at the bill and met counter proposals and he suggested other figures , erm , figures in the region of forty two thousand pounds , forty seven and fifty thousand pounds for the plaintiffs costs , the correspondence indicates that Mr then , now put forward what with respect seems to be entirely sensible suggestion that er really it would not be sensible to proceed with having the cost taxed , he said he did n't foresee any real difficulty in getting them to agree the costs and that er the common sense thing in the interest of all parties was to see if they could reach an overall , settlement er determining all the matters in dispute , effectively this would be what was to be done in respect of the surgery premises , there was I think , there is reference in accounted to another sec another premises as well which apparently were lease , er but are now formed part of the negotiations and er negotiations continued between the parties during nineteen ninety two , by the end of nineteen ninety two the negotiations were beginning to run into difficulties , the plaintiffs were beginning to put forward non negotiable final offers and er the result unfortunately was that in apparently nineteen ninety three the er negotiations into that broke down . |
3 | The letter from the plaintiffs solicitors in respect of question of interest one causes , the letter of the twenty ninth of January of nineteen ninety two , asking Mr to confirm , that in addition to the settlement figure of forty two thousand pounds in respect of costs he 'd be paying interest until the date of payment , and er , there was never a mind that erm which find a reply to in , in thirtieth of March nineteen ninety two by Mr , there 's no unqualified agreement in figure of forty two thousand pounds , I do not wish to appear obstructive but your clients must recognise that there are effectively two issues to be resolved , namely the payment of their costs and the division of the parts of other property , surely in all parties interest that none of these are resolved , so it is surely in all party interest that those , those are resolved contemporary and then the letter goes on to dealing with questions of valuation , the bottom paragraph on page thirty two in the bundle says in answer to your letter therefore is that there is no agreement to pay interest , if there is then my client must be credited with interest on his costs , and then it says surgery and finally if ove if overall agreement can not be reached then my client reserves his rights on the issue of costs and I feel that this could lead to an acrimonious and protracted taxation , at the end of the day I suspect it would only be enforced the order for costs about taking a charge in my clients interest in the surgery premises , does that improve your clients position at all , as I say that was the position of the thirtieth of March nineteen ninety two and during the remainder of nineteen ninety two there were then further negotiations , some of them appeared to have been carried out er personally between er doctor and er doctor which seems to of been the partner , dealing with the plaintiffs position and er he says about his non negotiable offer at page forty one in the bundle apparently attached to a letter of the twenty first of December nineteen ninety two and er that had a time limit on , the twenty second of March , there was a reminder on the twenty second of February and erm the plaintiffs solicitors wrote on the fourteenth of April nineteen ninety three raising the question of costs erm say that erm we have now received your clients instructions , that they would be prepared to accept the sum of forty two thousand in respect of their standard basis costs which is inclusive of V A T and disbursements , you remember that our initial schedule of costs which I set part of my letter of the eighth of October total fifty thousand , nine hundred and ninety eight pounds , twenty six pence , in addition to this our client would require interest from the which is as of todays date at seven hundred and sixty days at seventeen pounds , twenty six a day totalling thirteen thousand , one hundred and seventeen pounds , sixty , in the circumstances I look forward to receiving your clients cheque for the sum of fifty five thousand , one hundred and seventeen pounds and sixty pence within the next seven days and then it says I believe you were certainly agreeing have been very patient concerning your clients costs , but now we wish these to be paid and that was responded to er Mr on the twenty second of April er but why he quite has not been directly involved in the conversation for some time and there was not reasonable expected response for seven days from him , er and then he goes on to say that although he appreciates his firm is still on the record , I shall seek instructions from my client , but it maybe he would wish to give notice of acting in person and indeed that is in fact what happened , what happened in this case . |
4 | The letter from the plaintiffs solicitors in respect of question of interest one causes , the letter of the twenty ninth of January of nineteen ninety two , asking Mr to confirm , that in addition to the settlement figure of forty two thousand pounds in respect of costs he 'd be paying interest until the date of payment , and er , there was never a mind that erm which find a reply to in , in thirtieth of March nineteen ninety two by Mr , there 's no unqualified agreement in figure of forty two thousand pounds , I do not wish to appear obstructive but your clients must recognise that there are effectively two issues to be resolved , namely the payment of their costs and the division of the parts of other property , surely in all parties interest that none of these are resolved , so it is surely in all party interest that those , those are resolved contemporary and then the letter goes on to dealing with questions of valuation , the bottom paragraph on page thirty two in the bundle says in answer to your letter therefore is that there is no agreement to pay interest , if there is then my client must be credited with interest on his costs , and then it says surgery and finally if ove if overall agreement can not be reached then my client reserves his rights on the issue of costs and I feel that this could lead to an acrimonious and protracted taxation , at the end of the day I suspect it would only be enforced the order for costs about taking a charge in my clients interest in the surgery premises , does that improve your clients position at all , as I say that was the position of the thirtieth of March nineteen ninety two and during the remainder of nineteen ninety two there were then further negotiations , some of them appeared to have been carried out er personally between er doctor and er doctor which seems to of been the partner , dealing with the plaintiffs position and er he says about his non negotiable offer at page forty one in the bundle apparently attached to a letter of the twenty first of December nineteen ninety two and er that had a time limit on , the twenty second of March , there was a reminder on the twenty second of February and erm the plaintiffs solicitors wrote on the fourteenth of April nineteen ninety three raising the question of costs erm say that erm we have now received your clients instructions , that they would be prepared to accept the sum of forty two thousand in respect of their standard basis costs which is inclusive of V A T and disbursements , you remember that our initial schedule of costs which I set part of my letter of the eighth of October total fifty thousand , nine hundred and ninety eight pounds , twenty six pence , in addition to this our client would require interest from the which is as of todays date at seven hundred and sixty days at seventeen pounds , twenty six a day totalling thirteen thousand , one hundred and seventeen pounds , sixty , in the circumstances I look forward to receiving your clients cheque for the sum of fifty five thousand , one hundred and seventeen pounds and sixty pence within the next seven days and then it says I believe you were certainly agreeing have been very patient concerning your clients costs , but now we wish these to be paid and that was responded to er Mr on the twenty second of April er but why he quite has not been directly involved in the conversation for some time and there was not reasonable expected response for seven days from him , er and then he goes on to say that although he appreciates his firm is still on the record , I shall seek instructions from my client , but it maybe he would wish to give notice of acting in person and indeed that is in fact what happened , what happened in this case . |
5 | but , erm the issue from the plaintiffs point of view of course is erm just |
6 | Whether strictly order twenty eight , er order sixty , rule twenty eight for erm applies in this case is not amount entirely clear to me because the obligation to lodge a bill of taxation under rule twenty nine provides that he must begin proceedings for the taxation either within three months after the judgement direction or order of the terminations enter sides are otherwise perfected , and that is presently on it 's face which seemed to be debited May of nineteen ninety three and er accordingly that is right , it 's not in fact been any failure to comply with order tw order sixty two , rule twenty nine , one , and that has n't been disregarded , it 's not entirely clear to me that erm there is any matter come from paragraph sub paragraph A of rule twenty eight , four , it may already require , still nevertheless erm fall within paragraph B of rule fo , erm there has in fact been a delay in lodging the bill of costs for taxation , the delay being really and truly , the delay in having the order of Mr Justice perfected and it seems to me that although in chasing matters generally speaking it is the court will itself draw the order , nevertheless where er it seems to be clearly in this case would contemplate it that counsel would sign a minute erm that counsel do sign a minute and that minute has been signed having forwarded by the defendants solicitors to the defendants solicitors seems to me it must be the case that erm the obligation to , as it were , forward that minute to the court , it is an obligation which would lie upon the plaintiffs solicitors and it maybe said that erm there has been delay and erm on the best it should be lodged with the court sealed , er shortly after it was received and that therefore on that footing there has been delay lodging the bill of costs for concession , er Mr , doctor does n't seemed to be take any point in relation to that er because it 's not in his interest to do so , it seems to be that he does have to say if it has been delayed , with an order of twenty eight rule four that 's a rule , rule , rule twenty eight er four if he is to have interest disbarred and er Mr er he 'll apparently have the matter of read before the taxing master , it seems that the taxing master did not chew any sympathy with that er suggestion , that er there was in fact no breach of the requirement rule twenty , four , Mr he said , very probably , that erm , look on text upon it , he really is concerned to erm have this case dealt with as you put it on the merits , it seems to me it 's in the interest of all parties that erm I should deal with the case on merits have on the assumption erm that er , that that was lodged properly I think , I ca I , a matter of which found within rule twenty eight , four and that the taxing officer give our interest under that rule . |
7 | My Lord there is a final part of our submission on on this is because I do n't know whether your Lordship has a copy of the report this is the report of the fact that My Lord erm what I wish to refer you to if I may , is erm that paragraph three one of the report which is erm that solicitors and er he instructed himself er from the law society who told him that the law society in paragraph three page five , do n't issue any specific directional guidance duty of care in relation to the plaintiffs transaction , the Law Society view obligation to be have to be considered on the basis of and he then goes on from there to depart from that approach to speculate as to what his approach would be erm |
8 | Mr was well aware because he 'd been told by the plaintiffs solicitors that the plaintiffs received terms for cover or to obtain interest on their costs , the plaintiffs solicitors wrote specifically to Mr enquiring was his offer in , in the sum of forty two thousand pounds , that 's er the possible agreed settlement figure for costs , er if it was inclusive or exclusive of interest erm there were some delay but er Mr wrote back in due course making clear that interest was n't included , I should also say that in Mr er proposed bill of costs he had disallowed interest for a fairly short period in respect of both the plaintiffs bill of costs and the defendants bill of costs and the plaintiffs solicitors do n't appear to have erm taken any point on that , but as I say it , the point as to interest was specifically raised by the plaintiffs solicitors letter and er I 'm quite satisfied on the correspondence that they when it came to the matter were seen , were desires of obtaining interest in respect of their costs . |
9 | Mr was well aware because he 'd been told by the plaintiffs solicitors that the plaintiffs received terms for cover or to obtain interest on their costs , the plaintiffs solicitors wrote specifically to Mr enquiring was his offer in , in the sum of forty two thousand pounds , that 's er the possible agreed settlement figure for costs , er if it was inclusive or exclusive of interest erm there were some delay but er Mr wrote back in due course making clear that interest was n't included , I should also say that in Mr er proposed bill of costs he had disallowed interest for a fairly short period in respect of both the plaintiffs bill of costs and the defendants bill of costs and the plaintiffs solicitors do n't appear to have erm taken any point on that , but as I say it , the point as to interest was specifically raised by the plaintiffs solicitors letter and er I 'm quite satisfied on the correspondence that they when it came to the matter were seen , were desires of obtaining interest in respect of their costs . |