Cost Assessment

Just now I received their Form-H1 from the court. and there is 24k higher in Form-N260 submitted with Cost statement compare to TRial hearing Form-H1.

and still there is atleast 40k higher in Form-H1 compare to Form-ES1 submitted in PTR just before trial hearing. PTR to trial they mentioned 20k.

they have been manupulating cost, can't I do something about it?

The Form H includes an element of estimated costs from the date that the form is prepared to the date of the hearing at which the form was required. There shouldn't be too much slippage though as the form is prepared fairly proximate to the hearing.

There is an element of estimate costs from the date of the hearing at which the form was prepared to the trial - only on the Form H rather than the H1. This is estimated though can vary considerably.

I don't think there is any mileage in comparing Form H/ES1 etc with Form H1 - the judge will have made an order based upon the H1 alone. Rarely do judges look back at pleadings from previous hearings.

I do think there is mileage in picking up the other side on the amount that is being claimed, being somewhat higher than the N260. There needs to be an explanation as a more accurate figure may well have led to a different order.

It is worthwhile looking at the rules in relation to costs estimates to see if there are any areas which might help www.justice.gov.uk/courts/procedure-rule...rts/part_09#IDAAPQKC

At present the order that costs are to be assessed if not agreed (assuming there no mention of the 'indemnity basis') means that the court will assess whether the costs are reasonable and proportionate and to reduce the costs if they are not.

Charles

One question, There is finance settle order came last week which also says "The Wife will pay 55% of the Husband’s costs to be assessed if not agreed"

I dont agree with the cost so who will apply for the assessment reciever or payer?

I need to assess their cost, can wikivorce service help me doing that?

The costs are only assessed if they are not agreed.

The receiving party will have to apply to the court but before that they must commence the assessment process.

A formal bill will be served upon you; you have 21 days to file points of dispute and an open offer of settlement; they have 21 days to file a reply.

If no agreement can be reached after that the other side will apply for an assessment with the appropriate court fee. You will normally have to pay this fee back unless you reduce their bill by 20%. However, offers of settlement are taken into account at this stage and the law is technically challenging. Part 36 of the Civil Procedure Rules is relevant, complex and not for the faint of heart.

Charles

I have given them offer and mentioned that I dont agree with their cost but they are not responding back at all?
How can I initaite the process?
Shall I send them my point of dispute?

If you have only had the N260 a formal bill needs to be delivered before you can move to the next stage.

If there is no room for movement you can invite them to begin the assessment process by delivering a formal bill.

Be aware though that the costs being claimed are likely to go up with a formal bill.

Charles

In Divorce proceedings (I am applicant) and Finance remedy proceedings (ex-partner is applicant), court cases number is same.
- Decree Nisi order says Respondent pay the cost incurred on behalf of petitioner in this cause subject of detailed assessment if not agreed. so ex has to pay me.
- Financial remedy order says I have to pay 50% to my ex and to be aseesed if not agreed.

I have to prepare a detailed cost bill to send to him for divorce so which matters are included in that?