Holden v Holden & Anor [2024] EWHC 453 (Ch) (01 March 2024)

Holden v Holden & Anor [2024] EWHC 453 (Ch) (01 March 2024)

Robin was the successful party on the principal issue and costs should be determined now. Nick was a necessary party and his costs should be shared equally between Robin and David. The Settlement Agreement does not preclude Nick from recovering costs from David. Bullock order is appropriate given the circumstances.

Citation
[2024] EWHC 453 (Ch)
Parties
Claimant: Robin Steve Harry Holden; First Defendant: David Andrew Holden; Second Defendant: Nicholas Charles Holden
Jurisdiction
England and Wales
Judgment Date
01 March 2024
Procedural Posture
Civil Partnership Dissolution / Consequentials Hearing Following Preliminary Issues Trial
Outcome
Costs determined and apportioned; Bullock order made.
Legal Topics
Costs, Necessary Parties, Settlement Agreements, Bullock Orders, Sanderson Orders
Partnership Law Civil Procedure Costs Necessary Parties Settlement Agreements Bullock Orders Sanderson Orders

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Parties

Robin Steve Harry Holden

Claimant

David Andrew Holden

First Defendant

Nicholas Charles Holden

Second Defendant

Procedural Posture

Civil Partnership Dissolution / Consequentials Hearing Following Preliminary Issues Trial

Legal Issues

  1. 1 Whether costs should be determined at this stage or deferred
  2. 2 Who is the successful party for costs purposes
  3. 3 Whether Nick was a necessary party

Ratio Decidendi

Robin was the successful party on the principal issue and costs should be determined now. Nick was a necessary party and his costs should be shared equally between Robin and David. The Settlement Agreement does not preclude Nick from recovering costs from David. Bullock order is appropriate given the circumstances.

Court Disposition

Costs determined and apportioned; Bullock order made.

Orders

  • David to pay 50% of Robin's costs of the preliminary trial and 50% of Nick's costs (via Robin)
  • Robin to pay Nick's costs of the preliminary trial