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Costs order on absconded party being paid from estate

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  • Costs order on absconded party being paid from estate

    Hi,

    Following several years of Court of Protection hearings (8 total I think) to keep my mum safe, where she was 'P' and my sister and I were partys along with her recently acquired new 'partner', we had a final set of hearings where that party wanted to marry her. It was agreed by all partys and medical experts that she did not have capacity for this. The litigation was found by the Judge at the COP to be vexatious (he wanted to stay in her house which needed to be sold to fund care) and a costs order was produced finding costs against this party.

    Several more hearings were attended while he sought permission to appeal against the costs, ending up with a high court Judge saying 'pay up'. (very nicely though).

    This last hearing coincided with this individual flying back to Australia, from whence he came, and attending via videolink.

    Mum has recently passed on and now we have been presented with the invoice, addressed to the absent party, for settlement from her estate. We've got a separate invoice for mums legal costs, which we have zero objection to paying, but this one is addressed to him.

    We're not aware of any action taken by the solicitor to recover this from mums 'ex'. Or how they would do that...


    Massive emotional objections through the family to mums estate paying the costs the court ordered her abuser to pay. .....

    But do we have to?

    Thanks

    Ollie


    p.s. - these solicitors have been incredible at keeping mum safe, we are truly grateful. But that 'man' abused her for years, got ordered to pay for it, and ran away.....
    Tags: None

  • #2
    Have you advised the Court that the person concerned has moved abroad. If you have his address, you can also supply it for them, but if it is his to pay, you do not have responsibility for hat. Your solicitors would surely help to advise you, so dont worry about it

    Comment


    • #3
      Before I can say whether I agree with the previous reply, can you clarify please. Who has issued the invoice? Who did they represent?

      Sorry, I missed the original post. I was on holiday at the time.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment

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