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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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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The judge issued judgment in my application to vary

Resolved Question:

The judge issued judgment in my application to vary today.I would like to appeal the cost aspect of his order.How much time do I have to appeal?
Do I need his permission first?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.You have 21 days to appeal and yes you need to get permission first.You need to fill out this form:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdfCan I clarify anything for you about this today please?Alex
Expert:  Clare replied 1 year ago.
HiThank you for your questionBefore you take this step - what is the issue you actually wish to appeal (and how did the actual applictaion go)
Customer: replied 1 year ago.
The issue to appeal is that I was ordered to pay 30k towards her cost (totalling 127k)
Expert:  Clare replied 1 year ago.
Good grief.On what basis was that ordered (and how can the costs be that high) - and did you win the applictaion?
Customer: replied 1 year ago.
i did win the applicationthe judge felt i should have disclosed certain pieces of info earlier - even though i folowed the process to the letter in terms of updated disclosure
Expert:  Clare replied 1 year ago.
Now that first part is great news - I know you worked hard on thatWhat is the exact wording regarding the costs
Customer: replied 1 year ago.
1. Costs. FPR 2010 r.28.3 governs costs in financial remedy proceedings. The relevant parts of that rule are as follow:
(5) Subject to paragraph (6), the general rule in financial remedy proceedings is that the court will not make an order requiring one party to pay the costs of another party.
(6) The court may make an order requiring one party to pay the costs of another party at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).
(7) In deciding what order (if any) to make under paragraph (6), the court must have regard to –
(a) any failure by a party to comply with these rules, any order of the court or any practice direction which the court considers relevant;
(b) any open offer to settle made by a party;
(c) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;
(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;
(e) any other aspect of a party's conduct in relation to proceedings which the court considers relevant; and
(f) the financial effect on the parties of any costs order.
2. W seeks an order for costs against H. She say that the application to vary should not have been made when it was, and that, once he had secured an extension of the loan from Ramphastos, he should have discontinued the application until such time as his income had actually reduced to a lower level than that which he enjoyed when the original order was made. I do not agree with her that he should now be condemned merely for making the application at the time when he did – he was then, I accept, concerned that the loan facility would not be extended for another year; and had it not been then a variation would undoubtedly have been required.
3. It is also the case that given the concerns which I accept he then had about the ability of the enterprise which was employing him to actually generate a capital gain, there were reasonable arguments for pushing on with the application even after the extension was granted in November 2014. However, where I do consider that H can be fairly criticised is that he failed to explain the situation clearly to W or her advisers, such that they understood properly either his concerns about the viability of the business or its ability to produce any significant value for him over his income. Had he done so, he would surely have reduced the costs which W then incurred as she sought to understand how he justified continuing with his application, although his income appeared not to have altered since the beginning of 2014.
4. Right up to the commencement of the listed final hearing before me on 7th January 2016, W had still not been afforded a fully intelligible explanation, as I find, of the situation in relation to Ramphastos, and H bears responsibility for a share of the costs run up in pursuing that issue. I have said a share – I have to say that costs in excess of £127,000 incurred by W in a case such as this are not properly proportionate to the issues being investigated, and cannot be nearly recoverable in any event. Overall, I will order that H should make a contribution to W’s costs in the sum of £30,000, which I consider properly reflects the extent to which H has increased the costs which W might properly have incurred had he been appropriately forthcoming about his situation.
Customer: replied 1 year ago.
I asked the judge and he basically said that he thought appropriate total cost would be half of the 127k - and that the 30k was an estimate not based on anything in particular
Customer: replied 1 year ago.
Do I need to fill in form N161 - or do I in first instance just write to the judge and cc the respondent?
Expert:  Clare replied 1 year ago.
What grounds do you have to challenge his finding son that specific point
Customer: replied 1 year ago.
1. They never asked me that question before jan 7
2. The underlying data was provided before
3. He did not make any detailed determination of the extent to which this point - even if true - caused 30k of cost
4. I did provide answers to all questions asked
5. They did not take me up on repeated offers to answer any questions face to face, either with or without prejudice
Expert:  Clare replied 1 year ago.
Without knowing more details I do not know how true 2 is - BUT given his findings and the fact that it was your applictaion 1 4 and 5 are unlikely to be helpful to you and I would not use themSo 2 and 3 are the ones to work on.the process is described herehttps://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_30aYou need to ask for permission to appeal first.Given that this Judgement has been handed down in writing and in your absence you can try asking for permission to appeal via an email - if not you will have to apply for permission at the same time as you file the appealmore reading herehttp://www.familylawweek.co.uk/site.aspx?i=ed95564
Customer: replied 1 year ago.
thank you - do i email the judge with copy to respondent?
Expert:  Clare replied 1 year ago.
yes
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
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
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/