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Clare
Clare, Attorney
Category: European Law
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Experience:  Attorney
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Thank you very much Claire! I wanted to ask : At the end of

Resolved Question:

Thank you very much Claire! I wanted to ask :
At the end of The Hague convention when my husband was allowed to withdrew his application and charges against me, I asked the judge to make him refund the legal aid commission for the cost it incurred on my representation, the judge ordered that if I wish for legal aid to be refund I d need to make an application at the PRFD at the end of ancillary relief.
The solicitor that represented me asked for the file to be retrieved, in the mine time I want to make an application to have it listed at my final by the same judge.
What application form do I need to use?
Same applies for the Commencement of assessment of bills of costs, the Respondent 's solicitor has disputed it and stated that my application is completely untrue , he offered me £800, ( which i have refused) and that he will ask for costs for £45,000.
Can he do that?
In the mine time I also wanted it to be listed to be heard on my final by the same judge, what application would I need?
Many many thanks
Valentina
Submitted: 12 months ago.
Category: European Law
Expert:  Clare replied 12 months ago.
Hi
I am a little confused - what application is meant to be untrue?
Claire
Customer: replied 12 months ago.
Sorry!
I need to issue two applications to be heard in conjunction at my final:

1) an application to have legal aid costs (for my representation ) refund to the legal aid commission by my husband who started Hague convention proceedings ( and then he redrew it) knowing his application was not genuine.

2) an application following the commencement of assessment of bill of costs, as I have served the commencement one for my divorce costs I was awarded by the judge, which was disputed.
Not only was it disputed I was first offered £800
Secondly I was threatened that as my application is untrue they will ask for costs in the region of £45,000 ( which is what I was basically claiming)
Expert:  Clare replied 12 months ago.
Hi
Sorry how much are you claiming in divorce costs?
Claire
Customer: replied 12 months ago.
Hi Claire, around £46,000.
I have submitted my Italian lawyer's bill because if you remember the Respondent tried to move jurisdictions to Italy,
And there are also the costs I have had, which are the costs of the legal consultant for filing and serving papers to court, telephone bill, Internet bills, mobile bills
Is this wrong?
Expert:  Clare replied 12 months ago.
Hi
The issue of the specific costs is not dealt with at a substantive hearing - it will have to be dealt with at a specific costs hearing
So long as the Bill has been presented in the proper way then it is up to Judge dealing with the costs hearing to decide what to allow and what not to allow.
The costs of their defending that will not be £45,000
So far as the other issue is concerned the application is on a C2 and you are asking for the matter to be Consolidated with the Financial matter and heard at the same time
Claire
Clare, Attorney
Category: European Law
Satisfied Customers: 27787
Experience: Attorney
Clare and 2 other European Law Specialists are ready to help you
Customer: replied 12 months ago.
Sorry Claire one more question, is the a specific application form for the cost hearing? I am filling in a D11 form and asking for a cost hearing .
Expert:  Clare replied 12 months ago.
Hi
Here is the Form that you need
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d258-eng.pdf
Claire
Clare, Attorney
Category: European Law
Satisfied Customers: 27787
Experience: Attorney
Clare and 2 other European Law Specialists are ready to help you

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