HM (An Adult), Re

HM (An Adult), Re

PM’s wrongful abduction of HM to Israel was the direct and immediate cause of all subsequent litigation and costs; his conduct constituted serious litigation misconduct justifying an order that he pay all relevant costs on the indemnity basis, including those incurred in foreign proceedings. The court has jurisdiction to make such orders, and the States of Guernsey, as an interested party, is entitled to claim its costs. PM’s application for release of funds was unsupported and dismissed.

Parties
Claimant: PM; First Defendant: KH; Second Defendant: HM (by her litigation friend the Official Solicitor); Interested Party: The States of Guernsey
Jurisdiction
England and Wales
Judgment Date
09 August 2010
Procedural Posture
Family / Final Judgment on Costs and Ancillary Applications
Outcome
Applications by the Official Solicitor, States of Guernsey, and KH for costs granted; PM’s application for release of funds dismissed.
Legal Topics
Costs Orders, Abduction of Incapacitated Adult, Jurisdiction Over Foreign Litigation Costs, Guardianship, Litigation Misconduct
Family Law Mental Capacity Costs Orders Abduction of Incapacitated Adult Jurisdiction Over Foreign Litigation Costs Guardianship Litigation Misconduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PM

Claimant

KH

First Defendant

HM (by her litigation friend the Official Solicitor)

Second Defendant

The States of Guernsey

Interested Party

Procedural Posture

Family / Final Judgment on Costs and Ancillary Applications

Legal Issues

  1. 1 Whether PM should pay the costs incurred by the Official Solicitor, States of Guernsey, and KH following the abduction of HM to Israel
  2. 2 Whether the court has jurisdiction to order payment of costs incurred in foreign litigation
  3. 3 Whether funds controlled by the court should be released to PM for further litigation

Ratio Decidendi

PM’s wrongful abduction of HM to Israel was the direct and immediate cause of all subsequent litigation and costs; his conduct constituted serious litigation misconduct justifying an order that he pay all relevant costs on the indemnity basis, including those incurred in foreign proceedings. The court has jurisdiction to make such orders, and the States of Guernsey, as an interested party, is entitled to claim its costs. PM’s application for release of funds was unsupported and dismissed.

Court Disposition

Applications by the Official Solicitor, States of Guernsey, and KH for costs granted; PM’s application for release of funds dismissed.

Orders

  • PM to pay the Official Solicitor’s costs incurred on behalf of HM since 30 October 2009 on the indemnity basis, subject to assessment if not agreed.
  • PM to pay the States of Guernsey’s costs of £4,475 (summarily assessed) and reimburse £15,548.52 for KH’s travel and subsistence in Israel.