penalty of postponing the FDR

Hi,

Money is getting tight. If I was to request that the FDR is postponed by a couple of months, is this likely to work against me? Will I be penalized in anyway?

I need a few months to get my finances back on track and continue to fund the legal process.

Regards

Your request is most likely to be rejected. The court controls the timetable, not you.

There may be some mileage in obtaining consent from the other side and making a joint application to adjourn but you will need a better reason that getting your finances back on track.

Charles

Its just various valuations have been requested as part of the FA that have huge costs associated with them even though they are to be split across both parties.

If you can''t afford to get stuff valued right now, what is the point of holding the FDR as it will rely on these?

Would that be a better justification?

Did you mention the prohibitive costs at the FDA hearing? If you didn''t it is difficult to raise it now. If you did raise it and the court made the Directions, you will be stuck with these.

Charles

.Charles wrote:

Did you mention the prohibitive costs at the FDA hearing? If you didn''t it is difficult to raise it now. If you did raise it and the court made the Directions, you will be stuck with these.

Charles

No, there was no indication to these specific costs at the FA. The parties were to select one after the FA if they couldn''t agree on valuations. The cost has only just become clear with the other party proposing the choice of surveyors.

Unfortunately you are stuck with the situation. By agreeing to a valuation at the FDA you implied that the cost of this was not an issue.

The court will not be happy to derail the court timetable on the grounds of your failure to grasp the costs consequences of obtaining valuations.

Just to be clear, that''s not me being harsh - that''s how the court will view the position.

It might be possible for you to agree the values with the other side without formal valuations. It depends how far apart you are.

Charles

Thanks Charles. Appreciate the frankness of the situation.

Final question - what happens if those companies instructed do not provide the relevant info in time?

Again, based on what you have already said, I assume the FDR goes ahead anyway?