The Slip Rule...?

[theironinglady123]

Hoping someone can help.

I won my application for an Order of Sale on the jointly owned property my ex lives in. Took two years but I won (yesterday).

I represented myself, armed with info I could find online and after reading legislation. Judge was a bit annoyed as she had to deft the order whereas I suppose my solicitor or barrister would have already done it if I was represented. Judge was fair though and treated me well.

Ex was obstructive, refused alternative dispute resolution, ignore letters, refused mediation, refused to respond to Court order for his statement and didn't turn up to the final hearing.

My application said I wanted costs. My statement said I wanted costs. I mentioned it at the hearing and the judge said we'd do it at the end. My costs are simple and minimal. Basically just my initial preparation and application fee which I had a solicitor do for me. Less than £1000 all on one invoice from the solicitor.

The split of finances from the sale was complicated as ex needs to pay mortgage arrears from it. Took ages and Judge and I worked through point by point. Costs were forgotten about.

Can I ask for an amendment under the slip rule to have costs added to the order as it was clearly supposed to be addressed but in the complexity of the hearing and as I was LIP it was omitted. I haven't had the order yet but I'm guessing it won't mention costs. Is this a request I can make first thing Monday to the Judge?

[guineapig1]

I don't think this will fall under the slip rule which is generally used to deal with typos in orders or mutually accepted errors afaik. I imagine that your ex would have argued the costs point and the judge would have heard representations from you both.

It might be too late now that there is a final order, but it may be worth asking if the judge would be prepared to deal with costs especially if she had intended to but it somehow then got missed.

[traviata]

You can and should raise it first thing on Monday, but it isn't a slip rule point. It wasn't dealt with, so there is no question of a mistake in the way the order was drawn up - no decision was made about costs.

As your ex didn't attend the final hearing anyway, it is very likely the judge will make the order for costs that you want.

However, she might have to order another very short hearing to consider costs. You could ask her instead to make the order you want and to add a paragraph saying that if ex objects he has the right to a hearing for the decision to be reconsidered - puts the onus on him rather than on you.