Hashem v Shayif & Anor [2009] EWHC 864 (Fam) (17 April 2009)

Hashem v Shayif & Anor [2009] EWHC 864 (Fam) (17 April 2009)

The wife is ordered to pay the costs of the company (subject to a 10% discount for partial success on the section 24(1)(c) issue) and the full costs of the children, as they were the successful parties in the Chancery proceedings. The husband is ordered to indemnify the wife for all her costs, including those she must pay to the company and children, due to his conduct and the fact that his actions necessitated the litigation. Section 11 of the Access to Justice Act 1999 does not affect the award of costs but may limit enforcement against the wife for costs incurred after she became publicly funded. Set-off of costs is permitted between the wife and the company, but not between the wife...

Citation
[2009] EWHC 864 (Fam)
Parties
Applicant/defendant/part 20 Claimant: Faiza Ben Hashem; Respondent/part 20 Defendant: Abdulhadi Ali Shayif; Respondent/claimant: Radfan Limited; Claimant: Firas Abdulhadi Shayif; Claimant: Isam Abdulhadi Shayif; Claimant: Aliyah Hadi Shayif; Claimant: Abeer Abdulhadi Shayif
Jurisdiction
England and Wales
Judgment Date
17 April 2009
Procedural Posture
Family/chancery Consolidated Proceedings (ancillary Relief and Company Law) / Post Judgment, Costs and Injunction Variation Determination
Outcome
Costs orders made: wife to pay 90% of the company's costs and all of the children's costs; husband to indemnify wife for all her costs including those payable to company and children; set-off permitted between wife and company; section 11 protection applies to enforcement of post-public funding costs.
Legal Topics
Ancillary Relief, Piercing Corporate Veil, Costs Orders, Public Funding Protection, Set Off of Costs, Variation of Injunction
Family Law Company Law Civil Procedure Ancillary Relief Piercing Corporate Veil Costs Orders Public Funding Protection Set Off of Costs +1 more

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Parties

Faiza Ben Hashem

Applicant/defendant/part 20 Claimant

Abdulhadi Ali Shayif

Respondent/part 20 Defendant

Radfan Limited

Respondent/claimant

Firas Abdulhadi Shayif

Claimant

Isam Abdulhadi Shayif

Claimant

Aliyah Hadi Shayif

Claimant

Abeer Abdulhadi Shayif

Claimant

Procedural Posture

Family/chancery Consolidated Proceedings (ancillary Relief and Company Law) / Post Judgment, Costs and Injunction Variation Determination

Legal Issues

  1. 1 Entitlement and apportionment of costs between parties in consolidated family and chancery proceedings
  2. 2 Effect of public funding (section 11 Access to Justice Act 1999) on enforceability of costs orders
  3. 3 Whether set-off of costs is appropriate between parties

Ratio Decidendi

The wife is ordered to pay the costs of the company (subject to a 10% discount for partial success on the section 24(1)(c) issue) and the full costs of the children, as they were the successful parties in the Chancery proceedings. The husband is ordered to indemnify the wife for all her costs, including those she must pay to the company and children, due to his conduct and the fact that his actions necessitated the litigation. Section 11 of the Access to Justice Act 1999 does not affect the award of costs but may limit enforcement against the wife for costs incurred after she became publicly funded. Set-off of costs is permitted between the wife and the company, but not between the wife...

Court Disposition

Costs orders made: wife to pay 90% of the company's costs and all of the children's costs; husband to indemnify wife for all her costs including those payable to company and children; set-off permitted between wife and company; section 11 protection applies to enforcement of post-public funding costs.

Orders

  • Wife to pay 90% of Radfan Limited's costs of the proceedings, subject to detailed assessment if not agreed.
  • Wife to pay all of the children's costs of the proceedings, subject to detailed assessment if not agreed.