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enforcing costs strange one!

  • diamond74
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12 Mar 19 #506644 by diamond74
Topic started by diamond74
enforced a Consent Order the judge said he does believe that the other side should pay some of the costs (even though I had to chase it and take it back to court!)

order came through saying costs reserved!!! thing is there poss wont be another hearing so how can they be reserved and now my solicitor is chasing me for them :(

  • .Charles
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14 Mar 19 #506673 by .Charles
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First thing's first, you owe your solicitor the costs. Secondly, any order for costs will allow you to recover the sums that you have paid, or are due to pay, to your solicitor.

Reserved costs orders are a pain. They often get overlooked and if there is no final order they can stay in limbo.

Here is the CPR guidance "The decision about costs is deferred to a later occasion, but if no later order is made the costs will be costs in the case"

Unfortunately costs in the case in family proceedings usually means that each party bear their own costs. The normal rule that the loser pays the winner's costs is disapplied in family proceedings.

Your solicitor should be able to advise you on the next steps but costs is a grey area at times and your situation is an example of this I'm afraid.

Charles

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