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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, I would like some advice on how to obtain a European

Resolved Question:

Hello, I would like some advice on how to obtain a European Enforcement Order following an order for my ex to pay for the divorce costs. I was represented at the time (now litigant in person) and he was very difficult, making the costs very expensive (around £6,100).
After sending the bill of costs and notice of commencement of assessment of bill of costs, it resulted in me obtaining a Default Costs Certificate (issued by the Senior Court Costs Office) as he had ignored everything.
He was formally served with this in the Netherlands via local bailiffs (similar to a process server) however they cannot attach it to his earnings yet without an EEO.
I'm in London and the Principal Registry of the Family Division have told me that I'll need to go to another court to obtain an EEO. Could you please let me know what application forms I might need and to which court would this need to be sent to? (I heard that perhaps it might need to be the Queen's Bench Division, but it seems quite complicated). Many thanks!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
The Details of what you need to do is set out in the Directions here
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74/pd_part74b
and the form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n219-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare, thank you for your reply.


 


The procedure rules are a little complicated for me to understand so I was hoping that it could be explained in plain English.


 


a) Is the Default Costs Certificate enforceable and in any case, would I require to obtain an Annex I, II, III or IV (as with REMOs) according to the EEO Regulation and if so, can I obtain this from the PRFD, or the Senior Court Costs Office who issued the certificate?


b) What is a Default Costs Certificate, is it an order, or judgment that can be enforced?


c) Does the application for EEO go to Queen's Bench Division or PRFD who had made the order for costs (they did not state amount, just "Respondent to pay for Applicant's costs")? The PRFD court clerks seem to be under the impression that enforcement of costs should go to another court and that they do not deal with these sort of applications. (Is PRFD considered to be a country court?)


d) How much will this cost and to whom should it be made payable?


 


Many thanks.

Expert:  Clare replied 3 years ago.
Hi
I would like to do a little more research on this over the weekend if that is possible as plain english seems to be a rarity on this subject
Please remind me on Sunday if I have not replied by then as sometimes questions fall off the list!
Clare
Customer: replied 3 years ago.

Thanks Clare, please let me know if you are able to find out which court in particular in London I should make the application to and how much the fee might be.


Many are under the impression that it should be sent back to the PRFD for the EEO application where the order for costs was originally made however they do not seem to deal with anything other than family cases and send me to the SCCO (who in turn say go back to the original court who made the order).


One would normally assume that this is a simple case of enforcing the Default Costs Certificate with an EEO but I'm surprised how unclear the procedure is with regards XXXXX XXXXX


 


Best,

Expert:  Clare replied 3 years ago.
Hi
I will do that
Clare
Customer: replied 3 years ago.

Hi Clare,


Are there any updates please?


 


Many thanks,

Expert:  Clare replied 3 years ago.
Hi
I am awaiting an email from a colleague who may have dealt with one - I will up date you tomorrow
Clare
Customer: replied 3 years ago.


Thank you

Expert:  Clare replied 3 years ago.
Hi
Ok
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Not sure if I have to reply or can simply wait for an update. Got a message asking me to rate it.

Expert:  Clare replied 3 years ago.
Hi
Please wait for the update - hopefully later tonight - it is a remarkably difficult process - does he ever come to the Uk at all?
Clare
Customer: replied 3 years ago.

He comes to the UK very occasionally, mainly for court proceedings (divorce, finances and now contact) and will come for contact with the child. There are however no assets the UK as he resides in the Netherlands.


 


It shouldn't be that difficult as the judgment is in default of a defence or objection thereby meaning that it is an uncontested claim which means I can use form N219A.


Form EX375 http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf seems fairly straightforward, only it doesn't state which court this application should be made to and how much the fee might be.


 


Here is another article which I hope says the same thing in legal terms: http://www.lawgazette.co.uk/law/getting-enforcement-in-order/3980.article


 


I believe that all I need is proof of service, is this correct? The bill of costs (or the claim) was signed and dated as per the regulations.

Expert:  Clare replied 3 years ago.
Hi
Apparently there is some question as to whether a costs order counts - I ams till searching for the final answer on that
Clare
Customer: replied 3 years ago.

Ok thanks please let me know

Expert:  Clare replied 3 years ago.
Hi
I will - it is a really fascinating issue - although I appreciate that does not help you
Clare
Customer: replied 3 years ago.

Hi, are there any updates please? I think that perhaps I should try the Queen's Bench Division. The court staff there also don't know and suspect that the Master would probably say it should go back to the PRFD. However, the PRFD has made it very clear that they don't deal with costs!

Expert:  Clare replied 3 years ago.
Hi
Sorry for the delay - it is a long time since I have had to do so much research
So far as I can work out it was never anticipated that a family court Order would be enforced in this way
(This does not mean that you cannot do so - just that it was not anticipated - I suspect the threat of prison when they return to the UK was held to be more effective)
This will explain why the principal Registry was unwilling to assist.
On that basis the application should be made to the Queens Bench division
The fee would appear to be £60
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Excellent, thanks so much for your help Clare!

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