Browsing Archive: August, 2009

Costs and Public Funding (Legal Aid)

Posted by Rory Miln on Monday, August 31, 2009, In : definitions 

An order for costs (see 10th August) can be made against a party regardless of whether they are privately funded (i.e. paying their own legal costs) or in receipt of Public Funding.  However if a judge makes an order for costs against a party in receipt of Public Funding the judge must then go on to decide how much of the costs the party is actually to pay.  

 They are two separate exercises: first, should either party be ordered to pay any of the other party's costs? secondly, if a party is o...
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Week beginning 31st August

Posted by Rory Miln on Monday, August 31, 2009, In : this week's movements 

Greetings

Bank Holiday today.  Normal day tomorrow Tuesday for Alastair and for me.  Rest of the week, Wednesday to Friday: Alastair is in the office but I'm on leave.

Back to normal next week - we're both in the office for most of the week. 
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Week beginning 24th August

Posted by Rory Miln on Tuesday, August 25, 2009, In : this week's movements 

Greetings

Although I've called this 'week beginning 24th August' I'm actually posting it on Tuesday 25th.  There was a major technical problem at our web host in California which took 48 hours to solve and while the experts were working on it we couldn't post anything.  Everything is back to normal this morning.

Alastair is back from his holiday and is in the office all week.  I am out all day on Friday but otherwise this is a normal week.
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Costs reserved

Posted by Rory Miln on Tuesday, August 25, 2009, In : definitions 

At the end of each hearing during a case, the judge will consider whether he should make an order for costs.  'Costs reserved' means that that the judge is postponing making a decision on the costs of that hearing.  The judge may specify when the decision is to be made, e.g. 'Costs of today reserved to the final hearing'.
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Costs in the application

Posted by Rory Miln on Monday, August 17, 2009, In : definitions 

'Costs in the application' usually appears as a provision at the end of a set of directions made by the judge during the course of a case.  Most cases don't go straight to a final hearing - there is at least one 'directions appointment' along the way.  

'Costs in the application' means "At this stage I'm not ordering either party to pay the other's costs of today's directions appointment.  If, at the end of the case, a costs order is made, then the costs of today are to be included in the cost...
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Week beginning 17th August

Posted by Rory Miln on Monday, August 17, 2009, In : this week's movements 

Greetings

Alastair is on leave this week.  He returns to the office on Monday 24th August.  

 I am in the office as normal all week.
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Order for costs

Posted by Rory Miln on Monday, August 10, 2009, In : definitions 
An order for costs is a court order requiring a party to pay the other party's costs.  The order can be to pay all the other party's costs, or a proportion of them, or it can be to make a contribution of a fixed amount.

In divorce cases, there are usually two separate lots of costs: the costs of the divorce itself (the 'main suit') and the costs of dealing with financial matters ('ancillary relief').  

If a divorce petition is based on adultery or unreasonable behaviour, the petitioner may ask ...
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Week beginning 10th August

Posted by Rory Miln on Monday, August 10, 2009, In : this week's movements 

Greetings

Alastair and I will be out of the office on a course tomorrow afternoon Tuesday 11th.  The office will be closed from 3 p.m..  

Alastair is away on annual leave from this Friday 14th to Friday 21st inclusive.  In other words, his last day in the office is this Thursday 13th and he is back on Monday 24th. 

Other than that, the week is normal.

 
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costs

Posted by Rory Miln on Monday, August 3, 2009, In : definitions 
'Costs' is used by solicitors in slightly different ways depending on the context.  It can mean specifically the fees charged by the solicitor, for example:  "I estimate that my costs will be £500 plus VAT and disbursements".  It can mean the overall cost of a case, for example:  "By the time the order was implemented, the husband's costs had mounted to £7,500".  In the second example, 'costs' is used in a general sense to mean the solicitor's costs and VAT as well as disbursements and poss...
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Week beginning 3rd August

Posted by Rory Miln on Monday, August 3, 2009, In : this week's movements 

Greetings

Alastair is in the office all week as normal.  I am in on Monday, Tuesday and Wednesday but out all day on Wednesday and Friday.
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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acknowledgment of service additional state pension adultery affidavit of service affirmation agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child what will happen if you die while you still own the property

About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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