Consent Order

[Morpheus9]

After a long drawn out court action regarding the sale of our property , both me and my ex partner decided to settle the matter out of court. I drafted a simple consent order that we are to be responsible for our own legal costs, and that the case be dismissed Which we both signed and submitted to the court.

I recently recieved an email from her solicitors stating that my ex did not understand the implications of signing the order because of the statutory charge as she had legal aid they state that they have applied for a variation of the order that would make me responsible for her solicitors legal fees of about 6k.

I am totally flabbergasted by this especially as it was her that suggested that we settle the matter out of court.

Can I void the consent order on this basis and re-instate the case ?

[Nini74]

i would have thought that the statutory charge could have come out of her share of the sale proceeds. you can object to the order being varied - you don't have to do what her solicitors tell you! if i were you i'd go and see a solicitor at this stage though - you've tried to sort it out without solicitors, but i think you may be better off getting some advice regarding this order. also, if you phone the court, they can be very helpful, especially if you explain that you're trying to deal with the matter yourself. Her solicitor should have explained their application to you and given you a date of when its to be heard. x