Costs draftman ?

[Jessie75]

Hello if you are kind of found guilty for want of a better word in the family court and you are ordered to pay costs towards the aspect that you have been found guilty of is the normal procedure been there would be some sort of breakdown of the costs?
For example if there were two matters at hand that the court was dealing with the first matter yeah entirely your fault you should pay the costs for that the second matter not your fault is it right that you would pay the entire costs ?
His solicitor basically threatened me that if I didn’t pay the full amount I would need to engage a costs draughtsman to break them all down and that I would incur further costs I just need to understand if that’s correct please ?
Or should the judge have allocated you will pay a 50% costs to cover the bit that you were wrong in and the other matters you would not is it a judicial error ?
Thank you so much if anyone can help my solicitors obviously going to be absolutely need deep in it tomorrow when she opens

I don't deal with family work but in the area I work in, if the court ordered a client to pay the other sides costs of a specific thing, such as an application, I would expect to receive details of time incurred in dealing with the application and negotiate from there.

Costs can be summarily assessed by the court too - so the court will have considered the costs and come up with a figure they think is reasonable.

Just re-reading, it sounds as if the solicitor is saying they will appoint a costs draftsman to prepare a formal bill of costs. They are perfectly entitled to do that but you're also perfectly entitled to understand how the claimed costs have been incurred and whether they are reasonable.

Is there an Order?

The order literally states that the wife should pay the husbands costs. My argument is that yes I should pay his cost with relation to the matters that I lost on but I should not pay the full costs including contentious issues that are still ongoing now.

The court definitely did not come up with a figure I was just handed a bill

I guess what I need to know is was that a judicial error on behalf of the judge or was it his solicitor just pulling a fast one based on the fact that I didn’t have any knowledge?

What exactly did the costs order say?

Word for word :
I am prepared to hear the case with regards to costs but I am inclined to order the wife to pay the husbands costs.

This wasn’t challenged in anyway shape or form by my representation and I did indeed pay him every penny he asked for

That isn't what the order says, though.

I’ve actually never seen a copy of the orders, Just the judgement

His solicitor stated,
In respect of costs, you asked what the sum was, which I confirmed as £18,951.209. This is costs up to and including the judgment Hearing on 11.02.2021. If you do not agree to and pay those costs, we will both need to instruct costs draftsman and there will then be further costs to consider. Please confirm your position in respect of costs.
I just paid them because as I say I felt as though she was threatening me with further costs

Apologies I’ve just found them so basically just says that the applicant will pay by such a date or subject to a detailed assessment

If the order is for 'costs' and the case is concluded, it will be costs of the entire case rather than a specific element of the case.

I agree with PP that it sounds like you have been ordered to pay all of the costs which will need to be agreed between you or assessed. It is right that it can costs more to sort out the costs but they can be agreed without a formal bill. You could offer an amount eg £10 k and also point out what you can afford to pay but note that this is an order of the court.

Ok that makes sense…. So if it comes to light he lied throughout can these costs be revisited at all ? We have another hearing coming up shortly.

If an order has been made about costs then you should need to pay all of those costs unless you appeal the order or apply to set it aside

It sounds like the judge has made a ruling so that stands regardless of whether you think he lied or won on one point but not another

If you are not sure what the order says ask the court or other side solicitor for it

@Hotyogahotchoc - it been paid months ago.

It’s not a question of whether I think he’s lied more evidence has come to light that he has in fact blatantly lied repeatedly in order to secure the outcome that he got and obviously the costs as a result as well so I guess I just need to raise that at the next hearing because it’s a related matter ?

It’s just so frustrating because you guys have explained more in the last couple of hours than the people I paid nearly 30 grand to, they just rolled over and accepted everything there was no question of negotiating or telling them what I can afford to pay.

If you've paid the costs there isn't much you can do. It isn't really clear what is going on but you're suggesting that there are other hearings coming up. Are they linked to the other issue you've paid costs for or not?

They are linked - basically I was advised not to appeal against the decision but further information has come to light as it often does, that proves his behaviour prevented my being able to be successful in my application does that make sense ?

So is this next hearing related to the application - you've appealed it?

No I haven’t appealed it, the timeframe had passed before the new evidence came to light

Its a new application with regards to related matters though