my x2b decided not to continue with court proceedings, his solicitor asked for a discontinuation on a no costs basis. My solicitor has agreed to this without consenting me - where will this cost end up, on my legal aid?
hiya, sorry for delay in replying - by the time I've finished work and my little one there's just not enough hours in the day!!
I think I am the respondent, he committed adultery!
My x2b cancelled the court case for custody, he realised he didn't stand a chance - basically he wasn't getting his way so he tried to intimidate me by court action.
My sols has been worse than a 'chocolate fireguard', I knew the case was cancelled before him, I informed him it was cancelled. I wrote to inform him that my x had stopped mortgage payments, after a week he failed to reply, he failed to call despite messages left for him so I sacked him. In the menatime he'd sent out a letter to my huband's sols agreeing no costs, he never spoke to me about this, is that ethical, can he do that?
This week I've had a letter from my sols askihng if the case is closed and assuming that i've rec'd the order from the court - I have not.
In children proceedings there is a presumption of "no order for costs"
It can be displaced on "rare" occasions.
Clearly your solrs should have consulted you but in reality why would they not think you would want an end to the proceedings.
I personally would have had the solicitors ensure in the Consent Order that He agreed that in the event of any disagreement on children matters in the future the parties mutually agree to refer to mediation.
If not done yet insist on this as it will save cost in the future.
Actually when you say the case was cancelled it actually requires leave of the Court/ permission to withdraw the application