Can I get my legal costs paid by ex, in this situation?

[5DivorceHelpPlease]

I'm going to keep details brief. Ex is on MNet.

Scottish case.

If, after going to court, the settlement I'm awarded is more than what we had offered a year ago, do I have a claim for costs? My lawyer is a bit vague on this point.

Or, is this why every piece of correspondence is marked 'without prejudice'?

I'm talking about a difference in settlement of +£150k and legal costs, including court, of c£45k.

The without prejudice offers just mean those offers can’t be presented to the court. Only open offers can be presented. So without prejudice offers won’t affect any decisions for a costs order to be made.

Thanks, @Thefutureismyaim, so by that interpretation my offer cannot be used in a costs claim? Because that would be the fundamental argument that, had he settled this last year, I would not have needed to spend the £45k arguing my case.

the settlement I'm awarded is more than what we had offered a year ago, do I have a claim for costs
So it's gone back to court, you're going to get more money, but you want to get them pay for the court stuff that got you more money?

IANAL but you appear to be £105,000 up following the Court ruling and after having paid your legal fees?

However I also understand your anger that things could have been settled more swiftly and with lower costs had your earlier offer been accepted.

I would ask your legal advisor about the situation, it's possible that costs might be awarded as your "reasonable" offer was rejected and you therefore incurred further costs.

My caveat would be that you are seemingly substantially better off at this point in time and you may be better served accepting the ruling gracefully and drawing a line under the situation so that you can move forward with your life 💐

@DoreenonTill8

Fair point, though if you knew the reason why the settlement will be higher, you'd be more sympathetic I think. But I don't wish to say more because I know they read MNet.