Hashem v Shayif & Anor

Hashem v Shayif & Anor

Wife to pay children’s costs and 90% of company’s costs on standard basis; husband to pay wife’s costs (including those payable to company and children) on indemnity basis; company entitled to set-off costs against any liability to wife in relation to loan account; no set-off between wife and children; injunction varied to permit company to secure borrowings up to £150,000 against 17 Kensington Heights.

Parties
Applicant/defendant: Faiza Ben Hashem; Respondent/part 20 Defendant: Abdulhadi Ali Shayif; Claimant/second Respondent/part 20 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 / Post Judgment, Costs and Injunction Determination
Outcome
Costs and injunction orders issued; wife liable for costs to company and children, husband liable for wife’s costs, injunction varied.
Legal Topics
Costs, Ancillary Relief, Piercing Corporate Veil, Injunctions, Public Funding, Set Off
Family Law Chancery Civil Procedure Costs Ancillary Relief Piercing Corporate Veil Injunctions Public Funding +1 more

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Parties

Faiza Ben Hashem

Applicant/defendant

Abdulhadi Ali Shayif

Respondent/part 20 Defendant

Radfan Limited

Claimant/second Respondent/part 20 Claimant

Firas Abdulhadi Shayif

Claimant

Isam Abdulhadi Shayif

Claimant

Aliyah Hadi Shayif

Claimant

Abeer Abdulhadi Shayif

Claimant

Procedural Posture

Family/chancery Consolidated Proceedings / Post Judgment, Costs and Injunction Determination

Legal Issues

  1. 1 Entitlement and allocation of costs between parties
  2. 2 Variation of injunction to permit charging of property
  3. 3 Application of section 11 Access to Justice Act 1999 (public funding protection)

Ratio Decidendi

Wife to pay children’s costs and 90% of company’s costs on standard basis; husband to pay wife’s costs (including those payable to company and children) on indemnity basis; company entitled to set-off costs against any liability to wife in relation to loan account; no set-off between wife and children; injunction varied to permit company to secure borrowings up to £150,000 against 17 Kensington Heights.

Court Disposition

Costs and injunction orders issued; wife liable for costs to company and children, husband liable for wife’s costs, injunction varied.

Orders

  • Wife to pay children’s costs and 90% of company’s costs of litigation on standard basis.
  • Husband to pay wife’s costs of litigation, including costs payable to company and children, on indemnity basis.