Legal aid becomes private aid

Can anyone explain the concept that legal aid becomes private aid. My ex won 30% share of my house but at the hearing his legal costs were £16,500. Today when we went for the Judgement his legal costs are now £52,500! His legal team said because they had won that they could recalculate their costs, is this right?

Any advice greatly appreciated

a solicitor is permitted to recover costs at market rates rather than be constrained by the rates that are paid by the legal services commission.

their are several issues to consider here such as what was the costs estimate that the other side gave including those figures used on the allocation questionnaire and listing questionnaire and when offers were made, was the amount of costs mentioned in correspondence?

Charles

Before the hearing started they said they wanted an offer of £41,500 plus costs of £16,500.

My solicitor or barrister did not advise me that they could recalculate their costs - otherwise if I had been given that advice I would have accepted my ex's proposal.

There is merit in raising the issue as the other side would have informed the court of the costs prior to the trial. If those costs differ substantially (more than 20%) they will have to prepare a statement explaining why there is such a difference.

Had the court known the true position, it might have made an order dealing with costs or examining the reason why it was felt necessary to spend more on costs than the claim was worth. The overriding objective of the Civil Procedure Rules (CPR) is to deal with litigation in a proportionate manner which clearly has not been the case here.

Charles

What can I do about it? Can my solicitors write into court and question this?

The issue of costs is dealt with separately and your solicitor would be better off writing to your ex's solicitor addressing the issue.

If is is clear that the other side misrepresented the costs position, they should be bound by those representations. The risk to you could have been addressed at an earlier stage had you been aware of the possible liability you faced.

Part 6 and particularly 6.5A of the Costs Practice Direction gives more guidance.

www.justice.gov.uk/guidance/courts-and-t...ts43-48.htm#IDACPWJC

Charles

The costs have now gone up to £55,000!

My ex's solicitors have sent a copy to my solicitors - what happens now? I have not heard from my solicitor and only have 21 days and then I have to pay in full.

Any advice greatly appreciated.