Jenny Alzena Helliwell v Simon Graham Entwistle [2025] EWCA Civ 1071 (07 August 2025)

Jenny Alzena Helliwell v Simon Graham Entwistle [2025] EWCA Civ 1071 (07 August 2025)

The Respondent's deliberate and fraudulent non-disclosure of assets, combined with unreasonable conduct in proceedings, justifies costs to be assessed on the indemnity basis both at first instance and on appeal.

Citation
[2025] EWCA Civ 1071
Parties
Claimant/respondent: Jenny Alzena Helliwell; Defendant/appellant: Simon Graham Entwistle
Jurisdiction
England and Wales
Judgment Date
07 August 2025
Procedural Posture
Appeal From Family Court / Costs Application Following Successful Appeal
Outcome
Appellant's application for indemnity costs granted; costs to be assessed on indemnity basis if not agreed.
Legal Topics
Costs Assessment, Indemnity Costs, Fraudulent Non Disclosure, Pre Nuptial Agreements
Family Law Civil Procedure Costs Assessment Indemnity Costs Fraudulent Non Disclosure Pre Nuptial Agreements

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Parties

Jenny Alzena Helliwell

Claimant/respondent

Simon Graham Entwistle

Defendant/appellant

Procedural Posture

Appeal From Family Court / Costs Application Following Successful Appeal

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis due to fraudulent non-disclosure
  2. 2 Appropriate timing and quantum of costs payment

Ratio Decidendi

The Respondent's deliberate and fraudulent non-disclosure of assets, combined with unreasonable conduct in proceedings, justifies costs to be assessed on the indemnity basis both at first instance and on appeal.

Court Disposition

Appellant's application for indemnity costs granted; costs to be assessed on indemnity basis if not agreed.

Orders

  • Respondent to pay Appellant's costs of appeal, summarily assessed at £120,522 by 13 August 2025.
  • Paragraph 5 of Costs Order of 20 March 2025 set aside; Respondent to repay £75,000 to Appellant by 13 August 2025.