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section 36 ???

  • ohheck
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05 Aug 15 #465074 by ohheck
Topic started by ohheck
just got back from my sols and he mentioned what i though was a section 36
where I make an offer and if not accepted the other party pays costs of court if they are not awarded more
is this the correct lingo or called something else
thanks

  • rubytuesday
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06 Aug 15 #465096 by rubytuesday
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I think your sols meant Part 36 (Offers to Settle)

Under Part 36 Civil Procedure Rules a judge can consider offers when making an order for costs. However financial remedy costs are governed by the Family Procedure Rules 2010, and each party usually bears their own costs unless there has been litigation misconduct by one of the parties. That means if your husband hasn''t complied with court procedures and rules and/or caused unnecessary hearings case you may be able to recover your costs.

Part 36 - Offers to Settle

  • ChrisMS40
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14 Aug 15 #465407 by ChrisMS40
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Hi looks like im going through the same thing..

My position basically is 13 y/o son lives with me and has done for a year, my ex still lives in the family home whilst i still pay for it and refuses to do anything unfortunatley... have been to court twice now and finally got house on the market for sale.. the juniour judge unfortunately listed it wrongly so the second time we attended court the judge couldnt hear our case... most fustrating

have been advised to send a without prejudice offer of 50:50 split along with occupation rent and we both pay our own costs whilst at the same time to send a part 36 offer of 50:50 split and to try and claim costs from the other side.. and if she refuses to acknowledge either offer (which i think she will) to attend court between sept23-oct 23.. im told they have failed to follow correct procedures..

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