A v A

A v A

The wife must pay the husband his costs from 22 July 2005 to 4 April 2007 and 75% of his costs thereafter, and pay the trustees their costs from 17 December 2005 to 4 April 2007 and 50% of their costs thereafter, due to her rejection of generous Calderbank offers and pursuit of hopeless claims, especially the sham trust allegation, which inflated costs. The husband's disclosure failures were considered but did not justify altering the costs outcome. No order as to costs prior to 22 July 2005 or between wife and FHP/MA.

Parties
Petitioner: A (wife); Respondent: A (husband); Interveners: St George Trustees Limited and others
Jurisdiction
England and Wales
Judgment Date
13 July 2007
Procedural Posture
Ancillary Relief Proceedings / Costs Judgment and Final Order
Outcome
Costs judgment and final order; litigation concluded.
Legal Topics
Ancillary Relief, Costs, Calderbank Offers, Trusts, Disclosure, Freezing Orders
Family Law Civil Procedure Ancillary Relief Costs Calderbank Offers Trusts Disclosure Freezing Orders

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Parties

A (wife)

Petitioner

A (husband)

Respondent

St George Trustees Limited and others

Interveners

Procedural Posture

Ancillary Relief Proceedings / Costs Judgment and Final Order

Legal Issues

  1. 1 Allocation of costs between parties in ancillary relief proceedings
  2. 2 Effect of Calderbank offers on costs
  3. 3 Impact of litigation conduct and disclosure failures on costs

Ratio Decidendi

The wife must pay the husband his costs from 22 July 2005 to 4 April 2007 and 75% of his costs thereafter, and pay the trustees their costs from 17 December 2005 to 4 April 2007 and 50% of their costs thereafter, due to her rejection of generous Calderbank offers and pursuit of hopeless claims, especially the sham trust allegation, which inflated costs. The husband's disclosure failures were considered but did not justify altering the costs outcome. No order as to costs prior to 22 July 2005 or between wife and FHP/MA.

Court Disposition

Costs judgment and final order; litigation concluded.

Orders

  • Previous costs orders remain undisturbed.
  • Wife to pay husband £207,019.19 for costs from 22/7/05 to 4/4/07 and 75% thereafter, less £2,065.19, payable by 24/7/07.