1st Hearing ineffective

Hi there,
Yesterday was first hearing in financial settlement, ex had not complied with the court order in terms of form E exchange in July, and ES1/ES2 and before first hearing on 7th August 2023. Judge warned her that she may go to prison, a penal notice is given to her to comply , and she must return her Form E by 30th August with the court and my solicitor. I spent quite a substantial amount for the preparation before the ineffective first hearing of 7th August, Judge said he reserve the 'cost order' which we had put forward , for the adjourned hearing. This to me is extremely unfair, that I spent so much, and all she got was a warning , and there is no guarantee that judge will accept the 'cost order' , what is the best way to convince judge in the adjourned first hearing of 30th August, to make her pay for the costs that I have incurred as a result of her lack of compliance please? Thank you.

Costs reserved/reserved costs is an indication by the Judge that there is possible fault.

In family proceedings the usual rule is that there are no costs orders but when there is misconduct such as you describe a judge can make an order for costs. In your case the order would likely be that your ex pay "the costs thrown away by the adjournment of the hearing on 7th August" or something along those lines.

In order to get those costs back you would have to file and serve a statement of costs (form N260) at least 24 hours before the next hearing.

Unfortunately Judges have ultimate discretion so you are likely to get a costs order if your ex still fails to comply, or you won't get a costs order if your ex complies. Finally (which I think if fair) you should get a costs order even if your ex complies as it punishes poor behaviour and discourages repeat instances.

Charles