Has anyone sued in a small claims court for court costs?

[sneezecakesmum]

BIL has a second court date (final hearing) for sale of the home. The ex partner had an excuse (a reasonable one tbh) to cancel the first court case but of course only at the last minute, incurring court costs for BIL.

She has stated she intends to do this for as long as she can and will probably provide a medical cert for the second court date in March, also at the last minute.

BIL is not going to rebook as he will let the house go for repossession as the mortgage is up for renewal in April. (Basically to hell with it all!)

Can he take her to a SCC to recover his costs of the second court booking (inc barristers fees) as there will be no further court involvement where he can ask for costs.

It should be a straightforward award of 50/50 of the equity in the house according to his solicitor.

[YesMaam]

I am not sure I quite understand but will he be represented at the next hearing? If so there is potential for his barrister or representative to ask for his costs to be paid by her, certainly the costs that have been thrown away by her having the matter adjourned, but without knowing/understanding the in-and-outs it is difficult to advise further.

I don't think he has a cause of action against her otherwise that would allow him to recover his costs in a small claims court - the costs of these proceedings will be dealt with at the last hearing of this matter and he should ask his legal team to ask the judge to make her pay (not idea if that will be successful though)

[sneezecakesmum]

He is going to ask for some of his legal fees in the final hearing in March, but he expects her to find a way to have a last minute adjournment again.

The last time (Dec 2010) cost him around £1900+ as she left it till the week before to ask for an adjournment.

The house mortgage is in need of renewal in April and the mortgage company want both him and ex to take out a fresh mortgage together (out of the question) or they will consider repossession unless there is a court ruling. Hence there will be no further need for a court ruling on forcing a sale, as it will be repossessed. Therefore if no further court proceedings on his part there will be no opportunity to ask a county court for costs.

Complicated eh?

[Collaborate]

He'll have to get his costs in the March hearing. there is no separate right of action.

[sneezecakesmum]

Thanks collaborate. Thought the SCC was a bit of a long shot. Pretty sure the March hearing will be cancelled by the ex. So more money down the drain. He'll just let the house be repossessed and knickers to it all!

[MrsJAlfredPrufrock]

Is he enforcing a consent order made as part of their divorce settlement?

[MrsJAlfredPrufrock]

Ah clearly not, as it appears they weren't married? Do they own the house as joint tenants I tenants in common?

[MrsJAlfredPrufrock]

Joint tenants OR tenants in common?

[iheartdusty]

he could:

• write to the court now stating that ex has said she will be applying for an adjournment on a spurious basis, so his letter is on file and any application she makes will be looked at more closely by the court:
  

• make an application in the existing case just for costs (ie ask for a mini-hearing just for a costs order even if the house is repo'd) perhaps including the costs wasted by the late application to adjourn last time (it depends what if anything was said about costs at that stage);
  

If he just walks away and lets the house be repossessed and sold by the mortgage co, it would probably fetch much, much less at auction than if sold privately by him. He could be walking away into a massive debt. Also the mortgage would keep on running until it was sold. He would be liable for all that money.

[sneezecakesmum]

Joint tenants mrsJ.

Funnily enough he did write a letter to the court saying just that a few months ago - re spurious adjournment, so it is on file! We might just write another one about this March hearing, but his solicitor is already asking for some costs, but said the judge may not award as ExP has to pay her solicitor.

Worry over a mini hearing is it will cost maxi money, and this has been going on for 6 months! He will have a word with the solicitor re costs if ex adjourns it again, but not if it costs more money, he is pretty near skint.

He knows if the house is reposessed it will fetch less, but exP wont even let him in the house, let alone have access to sell it. She changed the locks over a year ago. (and yes, we know its not legal...dont go there!!) Acrimonious with a capital A!

I dont think there will be massive debt if repo'd as there is £100K (conservative amount) equity in the property. Ex is currently paying interest only mortgage and BILs not paying anything as he lives elsewhere.

That is interesting about the mortgage needing to be paid until it is sold, presumably if the house is empty?. Thanks, will get him to call the mortgage company to clarify the situation.

This March case is a last throw of the dice as far as he is concerned.