Costs Reserved??

Discussion in 'Finance, Property, Law' started by BigPapaSierra, Jan 1, 2010.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. I am currently involved in a lengthy court case with my ex . It has been at the High Court in London for the past 18 months or so not too mention 2 years at county courts. Basically there came a point where I just could not afford to pay anymore and have been self representing. The opposition does not work and is getting legal aid and all the other good worthwhile things my taxes pay for and that is why its probably being dragged out so long!!!.
    Everytime they write something or we go to a hearing it always says costs reserved at the bottom - who pays these reserved costs??? If I lose will it be me? it must be well over 20 grand now (they have used barristers at every single court hearing and we are at about hearing number 15). If I win they cant afford to pay as its legal aid.
    Hope that makes sense and if its confused you just try being me!!!!!
    Any info would be mega thanks
  2. The court postpones taking its decision about these costs but if it does not make a later order the costs will be costs in the case.

    Make sense to you, me neither.

    From here
  3. Thankyou CQMS now I know a decision isnt made until its finished I can forget about it. Certainly for another 5 years the way its going!!!!
  4. Costs usually "follow success" - which means the loser pays. Normally.
  5. Not so in ancillary relief proceedings (assuming that by "my ex" you mean "my ex spouse". If you mean "my ex cohabitee" then the rules are different).

    The general rule in ancillary relief (finance and property litigation ancillary to divorce proceedings) is that each side bears its own costs ("no order for costs").

    "Costs in the case" is generally nothing to fear, meaning the costs of this hearing will be considered to be costs borne by the parties in the usual way, unless the court makes a contrary order.

    "Costs reserved" quite often means that the judge who made that order thinks that one side or the other mght be required to pay the other side's costs of that hearing, once the judge at the final hearing looks at the whole course of dealings. Therefore "costs reserved" can be something about which you might worry.

    In ancillary relief the whole question of costs is a discretionary issue for the trial judge, and so cannot be forecast with certainty, however general rules and trends do give a guide.

    In civil proceedings - such as Trusts of Land Act actions against ex-cohabitees - the general rule of costs being awarded to the victor is far more the norm.

    Hope that helps.
  6. I should point out that I'm in Scotland, with a Scottish legal viewpoint.

    There are of course exceptions to the rule, as you rightly point out, but "normally" costs follow success.
  7. But BPS is in the High Court in London where English rules apply, rather than Scottish ones.