litigation conduct

can someone tell me what this means with reference to x not replying or returning documentation.thanks

I think it's just refering to how he 'conducts' himself during 'Litigation'. (I think reserved for bad conduct; not filing within the court timetable etc)

Can you expand on the way in which it is used?

Hi Sera, thanks for your help.it's says ...if form A has to go to court. as direct result of x's failure to progress matters an application for costs will be made due to litigation conduct.he didnt return the draft Consent Order just ignored all the paperwork and no response from his sol either.also my sol said an early directions appointment will be requested and court invited to confirm prelim agreement has been achieved on all material issues.with reference to case law.thanks topaz

topaz wrote:

...as direct result of x's failure to progress matters an application for costs will be made

Basically an application for Costs works in your favour. It means that your solicitor will apply to have your legal costs recovered (from him) because he's not adhering to the timetable; or is not doing what the Court tells him to. (As in not responding etc)

Apparently; each party is usually obliged to pay there own costs; unless the other parties conduct becomes an issue. It doesn't mean that you'll get your costs; but it will remain an option for the judge to consider your ex's conduct.

Consider having the papers served by a Process Server. These will then be put in his hands and the server with produce and Affidavit of Service.

He then will not be able to deny having them or receiving them and the judge will be able to award the costs in your favour knowing that his misconduct is deliberate.

Thanks to you both.I should have said we'd already reached the consent order stage with the sols.it hadn't been to court at all but because x has now ignored the draft consent order he was sent it may NOW have to go to court to get it finalized .so my sol may need to file form A next week if my x doesn't reply to the latest correspondence.It is so ludicrous that at the final stage x opts out. .x's behaviour has been ongoing confirmed harrassment,intimidation,aggravation.threats. etc throughout the past year,whilst in the MH. will this now also be taken into account as x has escalated the legal fees way beyond what was needed to sort it out?

hi Provost..I don't know if my sol will be having the papers served as you suggested, he will let me know next week (if it's off to court) what it involves.
Also what is an early directions appointment is that it or will there be more court visits?everything is done except agreeing on house contents and signing the consent order.sorry to keep asking.