Asking the Court to award half the costs of legal action. Chances of success??

[sneezecakesmum]

Regarding the sale of the family home (unmarried)

My BIL wants to ask the court to award him half his costs (around 4K) from his ExP because:

It was a straightforward case which needn't have come to court.

It should never have come to court as she lied in her court statement saying he had not requested the sale...he had. (proof available)

She quoted reasons in the court statement which she knew were not true (put more equity in etc..she didnt)

She ignored the solicitors letter and was told in it that costs would be sought against her.

She admitted to him in an email it should be 50/50 but told the court she should get more for erroneous reasona.

Final hearing in December.

[Thistledew]

Which division of the court has this case been heard in? The general rule is that the costs follow the case ie, if you win the other party pays your costs.

However in some courts such as small claims courts and in most family court proceedings, cost awards are not made.

[sneezecakesmum]

Its being heard in the county court as a civil case regarding division of property. I dont think it is a family court as such because they are not married, but there is an older daughter involved, but her presence in the home should not affect the end result. ie even if she is resident til she is 18 the division should ultimately be 50/50 according to his solicitor. The solicitor warned her (exP) she would request costs from the court, so I think it is an issue. Just wondering what the likelihood will be?

Is it a matter of winning if BIL can claim half the house. Not sure what winning is in this case...I suppose in a way it is as exP was refusing to budge forcing the matter into court.

[ncjust4this]

If you can, and on the basis that she has been warned costs would the sought, go for the full award of costs. You are more likely to get a more reasonable proportion then.

[Thistledew]

Who brought the case? What did they ask the court to do when they brought it? Did they get what they asked for? Did the person on the other side fail to get what they had pleaded in their case?

If one party has ended up with what they asked the court for, then it is likely that they will be considered to have won, and as nc says, should ask for the whole of their costs.

[sneezecakesmum]

BIL brought the case as exP would not be reasonable and offered 10K for a house with 100K equity. She literally has no case as its 50/50 with loads of documents.

Actually she said she would return his property when it was signed over to her for nothing....personal property being worth less than a thousand on a good day!

BIL is asking for 50% plus a token amount for his property which she has destroyed now. He should win that so will suggest he goes for all costs too. He has had to employ a barrister too (hope he agrees). ExP also has had to pay for legal costs but he is shouldering most of the financial burden. not fair imo if she gets off without paying for her nastiness.

[Thistledew]

If the court agrees with him, and orders that he should get 50% of the property, then he should get his costs. It would only not be likely if the judge finds that he has been less than honest, or obstructive, or similar in the way he has conducted the case.

[sneezecakesmum]

Thank you, that is very informative. He has been honest etc. unfortunately it was the ex that was very obstructive. Thanks again

[sneezecakesmum]

baby barrister. The solicitor in her letter before action said she would ask for costs. Also the county court clerk spoke to BIL and said he could send in letters etc for the judge to put in the file and he did regarding costs (setting out reasons as above) and also for a clean break deal in the hope the exP is not awarded additional equity in the short term until DD leaves education/home, as there is enough equity for both parties to buy shared ownership homes (part rental). He asked for all or a significant portion of the costs.

Does this count?

[sneezecakesmum]

Thank you so much, sorry for delay - his mums funeral but will let him know asap.