R & Anor v A

R & Anor v A

Applicants are permitted to withdraw the proceedings as dismissal implies adjudication, which is not appropriate. Applicants must pay the respondent’s costs due to their litigation conduct and the manner in which they advanced their claim, making unpleasant and irrelevant allegations which the respondent was obliged to defend.

Parties
Applicants: R and R; Respondent: A
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Family / Judgment
Outcome
Applicants permitted to withdraw proceedings; applicants ordered to pay respondent’s costs.
Legal Topics
Withdrawal of Proceedings, Costs in Family Proceedings, Jurisdiction, Residence Order, Prohibited Steps Order
Family Law Child Welfare Withdrawal of Proceedings Costs in Family Proceedings Jurisdiction Residence Order Prohibited Steps Order

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Parties

R and R

Applicants

A

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Should the applicants be permitted to withdraw the proceedings or should they be dismissed?
  2. 2 Should the applicants be ordered to pay the respondent’s costs?

Ratio Decidendi

Applicants are permitted to withdraw the proceedings as dismissal implies adjudication, which is not appropriate. Applicants must pay the respondent’s costs due to their litigation conduct and the manner in which they advanced their claim, making unpleasant and irrelevant allegations which the respondent was obliged to defend.

Court Disposition

Applicants permitted to withdraw proceedings; applicants ordered to pay respondent’s costs.

Orders

  • Applicants permitted to withdraw applications.
  • Applicants to pay respondent’s costs of the applications on the standard basis, subject to detailed assessment in default of agreement.