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?
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are under the impression that it should be sent back to the PRFD for the EEO application where the order for costs was originally made however they do not seem to deal with anything other than family cases and send me to the SCCO (who in turn say go back to the original court who made the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
Are there any updates please?
Not sure if I have to reply or can simply wait for an update. Got a message asking me to rate it.
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.
Ok thanks please let me know
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!
Excellent, thanks so much for your help Clare!