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Third Postponed Final Hearing

Trevor53
Posted by
Elite Member

17 Oct 09 #155215 by Trevor53

Topic started by Trevor53

I don't see how we can go ahead with our upcoming final hearing because yet again the ex is dragging her heals and she is the applicant.
Can I apply for costs off of her on the basis that her delay is causing me unnecessary legal expense.
This will be the third postponed final hearing.

Elle
User is blocked

17 Oct 09 #155237 by Elle

Reply from Elle

Hi Trevor,

You can and should ask for costs...as ever reasons for and against award depends upon particular circs/reasons...nothing ventured et al...I had eight FH equivalents postponed.

Elle x

Lady in Blue
Platinum Member

17 Oct 09 #155238 by Lady in Blue

Reply from Lady in Blue

Why does the hearing need to be postponed? So what if she is dragging her heels?

Elle
User is blocked

17 Oct 09 #155241 by Elle

Reply from Elle

LIB if one party is dragging their heels without justifiable causation it can be expensive and frustrating. There can be numerous valid reasons, numerous invalid reasons...all worth considerate exploration.

Elle x

Lady in Blue
Platinum Member

18 Oct 09 #155266 by Lady in Blue

Reply from Lady in Blue

I can understand illness or hiding assets but to have it postponed 3 times if it's not that!

I thought you had to follow the set timetable?

Ephelia
User is blocked

18 Oct 09 #155369 by Ephelia

Reply from Ephelia

I wish LIB... my partner's ex is dragging her heals and he now fears his 3rd FH will end up postponed again...

His solicitor says we'll apply for a costs order this time, as she's given no reason for the delay... he says even her solicitor sounds completely frustrated...

Lady in Blue
Platinum Member

18 Oct 09 #155375 by Lady in Blue

Reply from Lady in Blue

Yes I'd forgotton about your case Ephelia.

But if she can give no reason for the delay, why do the courts allow it?

Why can't your partner object to the postponement?

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