Osbornes Law’s family lawyers say they are seeing increasing numbers of clients whose final hearings are removed from court listings with days to spare, leaving them to pay thousands of pounds in costs. The cancellations are due to a shortage of judges and the backlogs in the family courts. However, the couples affected can expect to wait at least six months for a new listing, leaving them in limbo.
Claire Andrews, family lawyer at Osbornes Law, said: ‘Going through the divorce courts is already a very stressful experience―most are acrimonious couples who have already exhausted all other options.
‘Gearing up for a final court hearing takes months of preparation and barristers must be briefed and paid for their work, often two weeks in advance. While postponements used to be relatively common for lower-level hearings, we are now seeing more and more final hearings cancelled with just one or two days to spare. This runs up huge costs for clients who are still no closer to resolving their disputes.
‘This can be particularly tough for those who are pursuing a higher earning ex for a financial settlement but have small means themselves. I have seen some clients concerned they will run out of money but have little choice but to continue.’
While it is possible to recover some money from HM Courts & Tribunals Service (HMCTS) in these circumstances, the process is complex and requires an application be made with a detailed breakdown of costs. Moreover, if the court finds every effort was made to source a judge then reimbursement of any costs is unlikely, as HMCTS will state ‘judicial availability is not in the hands of the court administration office’.
Some hearings are categorised as ‘at risk’ which means they can’t be guaranteed, removing any possibility of HMCTS reimbursing costs.
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