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Family court fees

7 replies

yosemite78 · 27/02/2019 21:33

Hello, does anybody know if it is possible to claim back fees lost to a barrister after hearing was adjourned on the day? I do not mean from the barrister but from the court and if there is a way to complain. A recent fact finding hearing was adjourned on the day after it was originally listed for 1 day (with 2other directions hearing listed with the same judge!). It will now be a 2.5 day hearing at a date to be confirmed but surely the court should have realised at the paper review which took place a couple of weeks before that 1 days (minus the other 2 cases to be heard] was not sufficient ? I have lost almost 2k through no fault of my own, other than being a litigant in person because I could not afford a solicitor prior to instructing a barrister!

OP posts:
MrsBertBibby · 27/02/2019 23:57

Sadly, no.

It is the price litigants pay for the grotesque underfunding of the courts and the destruction of legal aid.

2019user44 · 28/02/2019 00:07

Actually you can try and claim compensation from the court. You may not be successful but its worth a try. I presume you have to complain to the Court first and then if not try the ombudsman - see link below. I would ring the court and check Who to complain to there.
www.ombudsman.org.uk/about-us/how-our-casework-makes-difference/case-summaries/259

MissedTheBoatAgain · 28/02/2019 03:44

To OP

I have been there as well. FDR was meant to be one hour with Judge. In reality it was about 15 minutes spread over an entire day. Cost of 2 barristers for the day was over 2K.

Ex had not produced Form E in advance of the FDR, but somehow the Judge made a recommendation! I rejected the Judge's comments on the basis that without a Form E the Judge was not in a position to make a recommendation. Even with Ex's Form E it is not possible to make a decision in 15 minutes.

Don't agree with Legal Aid for Divorce as it enables the partner who is receiving Legal Aid to prolong the proceedings in the hope they get a better result.

yosemite78 · 28/02/2019 10:42

MrsBertBibby , this is what I feared!! It’s so unfair...

2019user44 I’ll give it a shot but until I’ve had the fact finding hearing I would hate to rub the court up the wrong way and jeopardise my case ?!

Missedtheboatagain mine is a children’s matter. Thankfully I never married my abusive, controlling ex! But it is awful the amount of money wasted and nobody seems accountable for this.

OP posts:
Bishalisha · 13/03/2019 18:20

Happened to me for a DRH OP, £3.5k that cost me Sad

2019user44 · 13/03/2019 23:20

Dear OP - Judges are very aware of the problems with the Court at present. I would not worry about rubbing them up the wrong way.

I would just make the complaint.

thanks

Collaborate · 14/03/2019 07:38

No point at all writing to the court. It was the responsibility of the parties to point out to the judge at the final directions hearing that the time estimate was unrealistic. Failure to point that out is not the court's fault.

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