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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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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At the final hearing in my variation application, my ex

Resolved Question:

At the final hearing in my variation application, my ex wifes lawyers presented form H1 only at the hearing where costs were discussed. I understand that the CPR/PD states that such a form should have been presented 14 days before?thx
Submitted: 1 year ago.
Category: Family Law
Expert:  Jo C. replied 1 year ago.
Sorry, didn't meant to post to this. Opting out.
Expert:  Clare replied 1 year ago.
HiThank you for your questionYes it should have been - but sadly it does not mean that it was invalidatedClare
Customer: replied 1 year ago.
Is this a subsidiary argument in my appeal?
Customer: replied 1 year ago.
clare?
Customer: replied 1 year ago.
?
Expert:  Clare replied 1 year ago.
You should certainly mention it - since it meant you were not able to assess the costs
Customer: replied 1 year ago.
I need to submit grounds for appeal - and the skeleton argumentIs the grounds for appeal just a very short summary of either statute or fact based errors by the lower court?
and skeleton a more elaborate
Expert:  Clare replied 1 year ago.
Yes the grounds identify the points where the Judge acted incorrectlyThe Skeleton Argument is the detailed explanation of why those actions were incorrect
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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 1 year ago.
Does this read like an OK grounds for appeal?Grounds for appeal1. The court followed neither the correct procedure nor reached conclusions on a sound understanding of the facts.2. The court did not cause the W to follow FPR 9.27 in allowing form H1 to be presented during the hearing right at the moment W counsel made an application for cost without notice to H. H position was prejudiced in that he had no time to understand let alone challenge costs before responding.3. The court did not apply appropriately FRP 2010 28.3(2) and did not properly motivate its decision to make an order for costs4. Subsidiary to para 2, the court did not apply appropriately FPR 2010 28.3(6) and 28.3(7) and did base its order for costs on unsound assumptions and incorrect facts leading to a disproportionally high cost order that is incongruent with the court’s own logic5. Subsidiary to paras 2 and*****did make errors of fact in the conclusion it reached regarding the order for costs regarding:
a. The actual occurrence of tardy or incomplete disclosure by H
b. The impact of the alleged tardy or incomplete disclosure on W cost

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