Use of the Form H

The key purpose of the Form H is transparency. It ensures that each client knows exactly how much they have paid their solicitors, and how much remains to be paid, as well as placing those costs in the context of the total assets available. As negotiation can and should take place at any time during financial remedy proceedings, it is in both parties’ interests that they keep an eye on their legal fees, and the cost/benefit analysis of incurring future fees, before these costs begin to impact the assets available for division.

Completing the Form H

The Form H is made up of several sections, separating out the costs incurred to date from those yet to be incurred, and then also sub-dividing these figures by category.

The form requires the identification of exactly what was incurred before the Form A was issued, what came afterwards (to date), and then what is expected to be incurred during the next stage of the proceedings. Each of these stages is then broken down into what is comprised solely of solicitor fees, and what has been incurred by third parties, including counsel. This ensures that both the parties and the court have a clear breakdown of how and when costs are being incurred, and what is expected going forwards.

Legal representatives completing a Form H must confirm that, as part of the statement of truth they are required to sign, they have discussed the contents of the estimate with their client. This ensures that clients are fully informed about the costs associated with their case.

What Happens after Submitting a Form H?

Each party must file and serve their completed Form H on each other at least one day before the next hearing. Given its critical role in promoting transparency and accountability in relation to legal costs, this allows the question of costs to be considered at the upcoming hearing if relevant. If appropriate, and with a view to ensuring that costs remain proportionate to the issues at stake, the court can make an order that one party should contribute to the other party’s costs if appropriate in the circumstances, and can help the parties to focus their costs on the most important issues, while promoting agreement in other respects.