Cost Assessment

Hi,

I have recieved detailed bill from other side which is quite high. I am paying party.
One question, there were many interim hearings/orders in between during my finance remedy case and those orders say "No order as to costs". and final order says "The Wife will pay 55% of the Husband’s costs to be assessed if not agreed."

so it means other side can't include the cost of those hearings? and if yes then they can't include Counsel fee, solicitor's preperation time before and after of those hearings etc?
I mean so what can they include?

Your help is really apprecaited!!

Thanks

In order to work out what 55% is, a bill needs to be prepared which details 100% of the costs to which the costs order covers.

I suspect that there is a summary page which shows a breakdown of the costs sought which will be 55% of the costs detailed.

In relation to the hearings where no order for costs was made, you are correct that no claim can be made for 'costs of and incidental to' those hearings. So, preparation for the hearing, attendance at the hearing and preparing an order after the hearing would not be claimable from you. If the wording said "costs in the case" or "cost in the application" the 55% costs order would cover it.

Charles

Thanks Charles for your reply.
They have prepared the bill and included everything in the bill. infact their cost in Form-H1 and bill have £30k jump.

- time spent on prepration and exchange of Form 'E', Questionarre, Document of defficiency, emails, phone calls between them and myself all will be excluded from the cost?
- How about cost of MPS, Financial remedy and other Applications (D11) in between proceedings?

only PTR order and trial order says 'Costs in the Application' so only those 2 hearings and its pre and post work should be included?

Thanks

If the costs order was made in the final financial remedy order, 'costs of the application' will be all costs relating to the finances (MPS, interlocutory applications etc.) unless separate costs orders were made for those secondary application that deal with those costs discretely.

`There are other costs orders which may have to be considered e.g. 'costs reserved', 'costs in any event' but it's difficult to say with the information you have provided.

Charles

Hi Charles,

Is it possible if I can send you documents privately to have a look?

Thanks,

I'm sorry but I prefer to restrict my input to the forum rather than by DM to assist others.

If you do need to challenge the bill I suggest that you contact a law costs draftsman or costs lawyer who can prepare points of dispute to the bill and advise on an appropriate offer of settlement.

Charles