Form e questions not answered

Hi all,

I wonder if anyone could advise on this situation? form Es completed and court gave 1 month for the questions to be answered. If one side does not return the answers what can be done? If it goes back to court will costs be awarded?

Costs tend to be awarded for litigant misconduct but you need to be a real pain in the bum before it happens non disclosure not turning up at hearings contempt of court ect,

What can happen is a judge can attach a penal notice ordering the questions answered, if they remain unanswered that litigant is in contempt of court which can lead to penalty`s.

but it costs ££££ every time one goes to Court. The Court gave dates things had to be done by why should we pay the costs to get the court to say the same thing again? that doesn't make sense

If you have to go to court because one side has not done as court asked it is usual to ask for the costs for the hearing to be paid by the naughty side and more often than not the judge will agree.

It is always wise to warn the other side of your intentions.

A simple letter stating that you have not received the information as ordered and in default of adequate response within 14 days you will apply to the court for a penal notice to be attached to the appropriate Directions - the costs of which you will seek from them.

You have more chance of obtaining a costs order in your favour although it is rare to recover 100% of your costs.

Bear in mind that spending money to move the matter along is sometimes necessary when a party is stubborn or wishes to drag their heels. It's not fair on the paying party but if the other side was reasonable you probably wouldn't have separated.

Charles

well it now turns out that the other side's solicitors DO have the replies but have not sent them across yet. So that's another charge each for letters to both parties saying they have the answers and I guess they will charge again when they actually send them across! They say they have had them for about 10 days.