A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Order for costs disclosure

  • soulruler
  • soulruler's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
19 Jul 11 #278967 by soulruler
Topic started by soulruler
Maybe Charles can help?

My ex has been represented by the same set of sols now for 4 years and to my knowledge has not paid a solicitors bill since before the final hearing in May 2009.

Despite this (and the fact that ours is a small money case where I am trustee of third party funds and am solely liable for a large mortgage debt and two of our three children) my ex-s legal team keep launching litigation after litigation against me.

All funds which I could access personally by way of capital are locked under an injunction. In addition using the injunction order they have now obtained 4 writs (two in High Court Queens Bench and one combined in RCJ Queens Bench) and they have also obtained a Bankruptcy Petition against the house, a Final Charging Order against the house and now they have just turned the Final Charging order against the house into a third party debt order against my small business bank account and are attempting to make me liable for a non existant £300,000 debt accruing at 8% flat a day against a bank account which currently has £400 in it (and direct debits going out every month).

They have now just frozen my bank account so I can't even service the debt which is supposedly a joint debt to keep the capital funds (which are under the injunction which they applied for 2 years ago) maintained. The funds under injunction are leveraged debt and leveraged against the house and I am solely liable for a very large (joint) mortgage interest only debt.

Anyhow, life is difficult. I understand that you are not suppose as a solicitor or a claimant to launch claims unless you have paid for the solicitor to represent you up front.

Can anyone advise of the form I need to submit to court to get disclosure of the fees paid to date by my ex?

They are attempting to drive me into the floor.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 11 #278994 by .Charles
Reply from .Charles
it is the solicitor who takes the risk by failing to obtain money on account of work.

There are many threads on this forum where people are presented with a large bill at the end of a case but have no funds to discharge the account. The solicitor then sues the client for payment.

Obtaining money on account of work to be carried out reduces the risk but rarely will a solicitor obtain enough to cover all future bills - largely due to the fact that nobody knows how large or small those bills will be.

The subject of payment between solicitor and client is confidential and you do not have a right to see papers relating to these transactions.

Only in certain circumstances can you seek disclosure of these documents - the only such circumstance is where a solicitor is acting under a Conditional Fee Agreement and that agreement is challenged. The agreement, suitably redacted, can be disclosed to the opposing party in order to save costs of going to a hearing and allowing a Judge to examine the agreement.

Charles

  • soulruler
  • soulruler's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
20 Jul 11 #279015 by soulruler
Reply from soulruler
Ok and thanks for the response Charles.

I think I will just stick to Solicitor Misconduct according to CPR and in that way attempt to rebuff any chance of them getting fees off me and also attempt to get my costs against them.

You may recall my recent arguments about costs for self litigants. Well in my defence of the Final Charging Order recently I said to the judge that I was going to have to appeal costs. Costs from the other side in drafting an interim order were £2,000 on the basis that they had put "alot of work into the case". As I understand an interim order if valid is a simple drafting exercise.

Anyhow the judge said he would give me a 50% discount of fees stating that he "thought that would amuse me" (?) Anyhow I was expecting an order of £1,000 fees but when it came it was £360 which I assume must have been the drafting cost which the judge had alluded to in the hearing.

So, I am going to appeal costs on the basis that I was dragged to court 3 times to defend a charge against the house and had put alot of work into it. Also I had submitted my costs to court and to the other solicitor. Other solicitor totally failed to concede that they couldn't make a charge against the house.

They have now changed the final charging order into an order not against the house but against my small b and b business. I also know that even though they attempted 3 times to get a charge against the house and had the interim order and final charging order againt the house none of those orders were lodged with the land registry. In any case what was the point as my ex still refuses to transfer the house to me as he was ordered by court to do in May 2009.

It is obvious to me that his solicitors by every means possible are trying to destroy me and destroy my faith (as is my lovely ex).

They are stating bizarrely that my small b and b does not have any creditors at all apart from them. In fact they are not creditors of my small b and b.

I can't believe that all of this is happening to me.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11