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agreed form of order, separate hearing for costs order?

  • Chevette
  • Chevette's Avatar Posted by
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  • Premium Member
13 Apr 21 #516476 by Chevette
Topic started by Chevette
Court case for ancillary relief, applicant has refused all requests to negotiate & gone straight to court. I am the respondent. FDA hearing issued court orders for single joint experts to provide reports. Ex’s solicitors have tried to obstruct & delay the process by using various methods for 3 months. This has escalated legal fees in trying to get them to comply etc.
I made a court application to have the court orders enforced. As soon as they received this they agreed to use all the correct instructions in the court order’s etc & told me to cancel the court hearing as they were now complying & threatened they would seek costs against me if I continued with the hearing.
I did contact the court to vacate the hearing, but made the point that my legal fees had escalated due to the other sides obstructions & wanted to claim costs.
The judge has now issued a ‘Form of Order’ to be agreed between myself & the other side, I think it is also known as ‘a Consent Order ’?

In relation to my request for costs, The other side have requested that this is not dealt with at a separate hearing & want me to agree for the, ‘costs to be reserved’ meaning they will be dealt with at the final hearing.

My thinking is the case may not go to a final hearing & I want my applications for costs dealt with now as the other side deliberately tried to obstruct the court order process, costing me around £3000, they have also tried to bully me throughout this process in various ways & have threatened me with costs orders on 4 occasions even though I have only sought to negotiate & comply with the court orders. I am now representing myself

Are there any disadvantages for me in pressing for a separate hearing concerning the issue of costs?

I feel I have nothing to lose & it may make the applicant finally realise that it is better to negotiate rather than spend thousands in legal fee’s, already approx £30,000 has been spent between us on fees.

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