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Challenging decree nisi costs

  • Flower64
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17 Jul 2019 19:44 #508572 by Flower64
Topic posted by Flower64
Hi I'd like to check if anyone has experience of costs being challenged on decree nisi. Divorce papers were sent last year, were ignored so a process server was paid to re-serve them in person. No response received by the court so the divorce was progressed. Decree nisi date set for three months ago, and date passed, received decree nisi and order for costs to be assessed if not agreed. On receipt of the costs being sent to them the respondent then claims they will be appealing the costs via the court process as they don't believe they are fair.

There has been the opportunity to defend costs at the nisi hearing, opportunity wasn't taken. Divorce granted on the grounds of UB.
Would this challenge be successful?

Thank you

  • .Charles
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18 Jul 2019 15:01 #508579 by .Charles
Reply from .Charles
It's unlikely.

The only way to challenge is to claim that the petition was not received which is doomed to failure if a process server personally served the petition.

There is still a chance to challenge the amount of costs but the not the entitlement.

Charles

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18 Jul 2019 23:48 #508595 by Flower64
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Thank you for replying. The costs are straightforward that my solicitor put forward. Just the divorce application fee and the process server bill both of which are standard costs I think.

  • Yanders76
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19 Jul 2019 16:36 #508602 by Yanders76
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I'm in the same position with my Decree Nisi. Granted with costs \"to be agreed if not assessed\".

I have a feeling my ex is going to contest the costs (around £1800 inc. court fee) just to be difficult.

How successful will she be if she claims she \"can't afford it\"?

Will she have to then additionally pay my costs for going to court if we have to? ... appreciate this is probably one for my solicitor but saw the post!

  • .Charles
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23 Jul 2019 09:54 #508668 by .Charles
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Flower64: The court fee is standard, the process server fee varies - as little as £55 + VAT up to considerably more depending upon the number of attempts at personal service.

Yanders76: Not being able to afford it can be persuasive but the answer to that is that the respondent can pay the costs from any subsequent financial settlement.

Also, the costs of going to court are added to the costs that you can recover subject to what occurs at court. If a claim for £1800 is made and the costs are reduced by less that 20%, the receiving party would normally recover their costs of the assessment process.

However, if the paying party made an offer which they then beat, they could avoid those extra costs. So, if £1800 is claim, £1700 is offered and the court assesses the costs at £1600, the receiving party would not get their costs of the assessment.


There are other scenarios which introduce more grey areas but it's not worth setting out all of them.

Charles

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