C v C & Anor [2006] EWHC 624 (Fam) (24 March 2006)

C v C & Anor [2006] EWHC 624 (Fam) (24 March 2006)

The wife, as applicant, is to pay the costs of the inspection appointment and subsequent arguments, including those of Messrs X, the husband, and the anstalt, with recourse to frozen monies for Messrs X's costs. The ultimate liability for Messrs X's costs is reserved to the trial judge. Permission to appeal is refused as there is no real prospect of success or compelling reason for an appeal.

Citation
[2006] EWHC 624 (Fam)
Parties
Petitioner Wife: C; First Respondent Husband: C; Second Respondent Anstalt: X Anstalt; Neutral Third Party: Messrs X
Jurisdiction
England and Wales
Judgment Date
24 March 2006
Procedural Posture
Family Law (ancillary Relief) / Post Interlocutory Ruling on Costs and Permission to Appeal
Outcome
Wife ordered to pay costs; permission to appeal refused.
Legal Topics
Costs, Legal Professional Privilege, Ancillary Relief, Permission to Appeal
Family Law Civil Procedure Costs Legal Professional Privilege Ancillary Relief Permission to Appeal

Case Brief

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Parties

C

Petitioner Wife

C

First Respondent Husband

X Anstalt

Second Respondent Anstalt

Messrs X

Neutral Third Party

Procedural Posture

Family Law (ancillary Relief) / Post Interlocutory Ruling on Costs and Permission to Appeal

Legal Issues

  1. 1 Who should bear the costs of the inspection appointment and subsequent arguments about costs
  2. 2 Whether the wife should be permitted to pay Messrs X's costs from frozen monies
  3. 3 Whether the wife should pay the husband's and anstalt's costs

Ratio Decidendi

The wife, as applicant, is to pay the costs of the inspection appointment and subsequent arguments, including those of Messrs X, the husband, and the anstalt, with recourse to frozen monies for Messrs X's costs. The ultimate liability for Messrs X's costs is reserved to the trial judge. Permission to appeal is refused as there is no real prospect of success or compelling reason for an appeal.

Court Disposition

Wife ordered to pay costs; permission to appeal refused.

Orders

  • Wife to pay husband's and anstalt's costs of the inspection appointment from 10 February 2006 onwards, including costs of the argument about costs, subject to detailed assessment if not agreed.
  • Messrs X's costs of the inspection appointment and subsequent argument to be paid in the first instance by the wife, with permission to use frozen monies; ultimate liability reserved to trial judge; summary assessment if not agreed.