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cost orders

  • kelly11
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4 years 11 months ago #468674 by kelly11
cost orders was created by kelly11
hi

quick question

the otehr party is funded by the lagl aid agency...for various reasons i have had 2 cost orders made against me 1 of which is still to be assessed for the amount.

the other party has hinted they will "waive" the cost order in return for a smaller lump sum to be paid to them.

can a cost order be revered by consent? and is this possible if the party is legally aided? i didnt think it would be possible as surely the legal aid agency want their money back???? therefore if its agreed by consent what stops the legal aid agency pursuing me for this money?

second of all for various reasons i want it specified in the order that there is no enforcement of prior arrears in this country or any other country from the date of this order (they are trying to enforce repeatedly an outdated order made in another country via remo)...they state this is not a legal thig that can be put in a order...is this true? i do not see why it wouldnt?

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  • .Charles
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4 years 11 months ago #468700 by .Charles
Replied by .Charles on topic Re:cost orders
It is possible for the parties to agree to vary costs orders as a part of the financial settlement.

However, any recovery or preservation made by a publicly funded party must be used to discharge their costs so they will still have to pay those costs from their settlement. I don''t see how them receiving a smaller lump sum would benefit them in any event...

The legal aid agency will only pursue you if there is a shortfall in costs that cannot be recovered from the assisted person (your ex) but if a final order extinguishes the costs orders there can be no recovery from you and the costs will be met by your ex as per my previous paragraph.

The court is unlikely to have jurisdiction to prevent enforcement of an order made in a foreign country but it might be possible for your ex to give an undertaking not to enforce such an order in a financial consent order .

Charles

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4 years 11 months ago #468704 by kelly11
Replied by kelly11 on topic Re:cost orders
hi

thanks for taking the time to reply it was very helpful.

There are no assets as she is simply going for SM.

Therefore their proposal is that i pay them a small lump sum (e.g 5000) and i do not pay the cost order (approx 9500).

she has no property or money so would the legal aid agency still take the whole 5000 i give her?

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  • .Charles
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4 years 11 months ago #468841 by .Charles
Replied by .Charles on topic Re:cost orders
It depends how much her costs were. If the costs are less than £5k she will receive the balance but if they are more than £5k, the contribution will be capped and she will walk away with nothing.

Charles

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4 years 11 months ago #468849 by kelly11
Replied by kelly11 on topic Re:cost orders
At the last hearing her current legal aid bill was around £50,000 (that was at the stage of the 1st hearing)
I have to separate costs orders made against me (one at approx £1500 and other approx 7500). Therefore if I gave her any lump sum the legal aid agency would take it? Because I gave her a lump sum (though was classed as arrears) as part of an interim maintenance consent order and I transferred it direct to her....if it''s classed as areas does this rule not count? The areas were approax £1500

Thanks

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  • .Charles
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4 years 11 months ago #468959 by .Charles
Replied by .Charles on topic Re:cost orders
I''m shocked at the amount of costs incurred. Did the legal aid certificate cover more than financial issues? Legal Aid is granted based on a cost and benefit analysis. If there is only £5,000 at stake there is no way a certificate with a financial limitation of £50,000 would be issued.

I''m not sure I follow you with the interim maintenance order. If you were ordered to pay arrears during the course of the proceedings that is a separate issue.

The lump sum paid direct to her may be problematic. Did anyone other than your ex know about the payment? Potentially your ex should have informed her solicitor and/or the monies should have been paid to her solicitor. If you ex has pocketed the money she may risk having her certificate revoked for failing to inform her solicitor of her change in financial circumstances.

As for the costs orders - the money ordered towards your ex''s costs is not your ex''s money to give up. The legal aid agency will want that money to reduce the amount they have spent in funding your ex''s legal fees.

However, I seem to recall that the Statutory Charge might not apply to maintenance payments but a lump sum in lieu of arrears may be treated differently. The legal aid agency used to be able to carry out a Capital Reassessment of Means which meant that they could call upon a lump sum, in full or in part, after a case ends to defray their legal costs.

There are a lot of questions and very few answers. I suspect that the offer which is currently on the table is not workable and has not gone through the solicitor or the solicitor has not fully thought through the consequences.

Charles

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4 years 11 months ago #468973 by kelly11
Replied by kelly11 on topic Re:cost orders
there is no money at all so not sure how she got legal aid. All I know is her legal aid certificate they sent me a copy of is for family (higher). Legal aid granted for no other reason. Could she have mislead legal aid about assets available? Is this worth me pursuing with legal aid? I know her solicitors keeps getting certificates topped up?
We had an MPS hearing that was adjourned (my fault) so a cost order was made. We then signed a consent order for interim maintenance which included a lump sum of arreas? Judge and her solicitor signed it.

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