Legal aid becomes private aid

You need to do something. If you do not filepoints of dispute to the bill, your ex's solicitor will apply for a default costs certificate which will allow the costs in full plus an additional £140 for the cost of obtaining the certificate.

This order has been addressed before - what costs estimates did the other side give to the court as they have to provide a statement giving reasons if there is a difference of more than 20% to the estimates.

You also need to establish what figures the trial judge considered when making an order. Had he known the other side had incurred £55k, a difference order may have been made.

Finally, under the Civil Procedure Rules proportionality usually has to be considered (unless the order for costs was that you pay on the indemnity basis). If the costs are disproportionate the court can reduce them accordingly.

Charles

Charles

Thank you very much again. Your advice has been invaluable.

What actually happens when I file points of dispute - are the costs assessed and by whom? Do we have to go back into court?

Is it better for my solicitor to do it? How much will it cost? How likely is it to be reduced?

Here is the process:

The bill of costs is served upon the paying party.

The paying party has 21 days to submit points of dispute or pay the costs.

The claiming party has 21 days to serve replies to points of dispute. The replies are optional but there is no sense in not serving these as they help to clarify the disputes.

The claiming party can then apply to the court for an assessment hearing. They will add this to the amount they are seeking from the paying party.

At any point during this process each party can make an offer to settle which can be accepted or rejected. There is a specific format for making such offers and these have to be headed 'without prejudice save as to costs'.

The court is not involved in the assessment process under the application is made. Once it is made, the court will list the matter for an assessment hearing and a judge will hear from both parties and decide whether to allow, disallow or reduce the items under dispute. At the end of the hearing the judge will make usually make an order for costs in favour of the claiming party unless there has been a significant reduction (20% or more) in amount that is being claimed at that stage.

Charles

Thank you Charles - excellent advice as usual.

can I ask you how I would go about complaining to my solicitors about incurring the costs in the first place - let me explain! I initially had a meeting with the barrister and solicitor at which it was mentioned about putting in an offer before going to hearing - this was never done and on the morning of the hearing my barrister said it was too late. My solicitors had never suggested an offer to the other side. On the day I gave in 2 offers of settlement plus their legal costs of £16,500 but they were rejected.

I get the Judgement telling me I had to give 30% to my ex - OK I accepted that but I was never at any time told by my solicitors that my ex's solicitors could now charge private rates as they had won and the costs would be tripled!

Do I have any recourse or means of complaining about this. I had a meeting with my solicitor before the day of the Judgement and she was still talking about the 30% share and £16,500 costs. My own barrister on the day of Judgement had never even heard that the other side could do this and so had no defence to it in court!

What do I do next?

Any advice greatly appreciated.