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How do I apply for an interim costs order?

6 replies

samanthamplified · 07/12/2016 14:06

Hello,

What form do I need to use to apply for an interim costs order? In the middle of proceedings.

Where do I get a draft order from?

I want historic costs covered and an allowance for future costs.

Thanks.

OP posts:
Collaborate · 07/12/2016 14:29

Having to guess at what kind of proceedings you're involved in, but...

Interim orders are made for particular parts of the proceedings. So if you issue an interim application and are successful on that you might get an order for costs, but just for dealing with that interim application.

Can't tell you of there's a form or not as you'd need to say what proceedings they are, but normally in the application you'd ask for an order for costs. When that application is determined the court will have to decide whether to award costs or not.

MrsBertBibby · 07/12/2016 14:59

Is this the financial remedy proceedings? Do you mean asking for a costs order against the intervenor, or do you mean you want a legal services order against your ex, so he funds your lawyer?

samanthamplified · 07/12/2016 15:57

Hi,

This is for financial remedy proceedings, specifically for the preliminary issue hearing where the intervener's claim will be assessed.

I want the respondent (my ex) to fund my lawyer costs for the PIH.

Also, is there any way to get my costs to date (for previous solicitor) recovered with an interim application?

My funds are limited and I need to recover costs and fund future costs.

I'm an LiP at the moment...

The issue I have is not knowing what form to use and how to draft an order.

Thanks.

OP posts:
MrsBertBibby · 07/12/2016 19:37

First of all, have you tried to get a litigation loan? The court can't make an order like this unless satisfied you can't get such a loan.

Sorry if you know all this, this article sets out what the court must consider

www.lawgazette.co.uk/law/legal-services-orders/71197.article

MrsBertBibby · 07/12/2016 19:55

The procedure is part 18 (so a d11) but you will be expected to provide a detailed breakdown of what your fees will be, so you really need a lawyer on board to provide that.

Past costs, I dimly recall, were paid (but possibly under the orders that preceded the new LSPOs) where the court was satisfied that the solicitor wouldn't act unless those were cleared.

You need advice on this, I'm afraid.

samanthamplified · 09/12/2016 16:50

Thanks!

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