How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Judge Your Own Question
Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34446
Experience:  Over twenty-five years experience
27487359
Type Your Family Law Question Here...
Thomas Judge is online now

I have received a claim for costs from my Ex wife's partner

This answer was rated:

Hello,
I have received a claim for costs from my Ex wife's partner regarding her use of solicitors and a barrister for a family court First Directions hearing. I wish to defend this case on the grounds the costs were unnecessary due to a. being a family court and b. her refusal to attend mediation prior to the court application and stating this was due to her being unable to afford mediation.

Ok. What is your question? I would point out that the court very rarely makes costs orders in family cases such as your describe..

Customer: replied 8 months ago.
How best to defend it I guess, and do I have a good case to defend it.

Can I have some details please

Customer: replied 8 months ago.
This is a timeline if it helps:Mediator contacts Mrs Dickson 26 Oct 2017
Application to court 08 Nov*****Hearing 21 Dec 2017
Mrs Dickson withdrawals Purcells 29 Jan 2018
CaffCass Report 01 Mar 2018
Cancellation of Application 05 Mar 2018
Court confirm cancellation 08 Mar 2018
Claim to costs made 20 Mar 2018This is the claim wording:The claim is for costs incurred by myself in supporting my partner,.., in response to an application by Mr ... under section 8 of the Children Act 1989 requesting a child arrangements adjustment. Mr Dickson made this application without the support of the children and following a full caqfcass report involvolving interviewing all parties and upsetting the youngest child he was advised by cafcass in the report to abort the application as it was deemed unsuitable and not to be in the benefit of the children. We have incurred substantial costs, as listed above, which can be verified by Purcell solicitors in defending this aborted action and wish to recover these in full.Amount claimed £2209.50
Court Fee £105
Total £2314.50-----------------------------You'll note that Purcells had ceased to be appointed on 29th Jan 2018, a full month before the CaffCass report was created. The costs incurred are entirely related to producing a statement in response to the application and solicitors and a barrister at the First Dispute Resolution hearing in the family court.

I see. I do not think that they will succeed. Your position is that you made your decision after the advice of Cafcass.

Customer: replied 8 months ago.
that would be your recommended defence? Should I detail the timeline for reference?

Exactly. You were perfectly entitled to come to this decision after Cafcass's advice - in many ways you should be praised for listening to the professionals. I can not see the court making a costs award. Happy to discuss and please rate positive.

Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 34446
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Thomas. My next step is to fill in the defence form, do you think I should just go ahead or engage a professional to assist?

I would always get a professional

My name is ***** ***** I have been a solicitor for more than 35 years

In fact your position is very simple - there is no basis on which this person can claim any monies from you whatsoever.

The family Court did not make an Order for Costs against you so there is no basis on which a claim can be made

Your defence should be that the Particulars of Claim do not disclose any contractual relationship on which a claim can be based

Customer: replied 8 months ago.
Thanks for the input Clare

YOU are very welcome - this is a misguided application that cannot succeed