AS v RS

AS v RS

The Applicant, having elected to continue with her application and failed on the fundamental issue, should pay the Respondent's costs. The Respondent was wholly successful, the Calderbank offer was reasonable and beaten, and the adverse impact on the Applicant is not determinative. Costs are to be assessed on a standard basis, not indemnity, and in the sum of £10,000 as a fair and proportionate amount in all the circumstances.

Parties
Applicant: A S; Respondent: R S
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family/financial Remedies / Costs Determination Following Dismissal of Leave Application Under Part III Matrimonial and Family Proceedings Act 1984
Outcome
Applicant to pay Respondent's costs, assessed summarily.
Legal Topics
Costs, Financial Remedies, Part III Matrimonial and Family Proceedings Act 1984, Leave Applications
Family Law Costs Financial Remedies Part III Matrimonial and Family Proceedings Act 1984 Leave Applications

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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

A S

Applicant

R S

Respondent

Procedural Posture

Family/financial Remedies / Costs Determination Following Dismissal of Leave Application Under Part III Matrimonial and Family Proceedings Act 1984

Legal Issues

  1. 1 Whether a costs award should be made following dismissal of a Part III leave application
  2. 2 If so, whether costs should be assessed on a standard or indemnity basis
  3. 3 Assessment of the amount of costs to be awarded

Ratio Decidendi

The Applicant, having elected to continue with her application and failed on the fundamental issue, should pay the Respondent's costs. The Respondent was wholly successful, the Calderbank offer was reasonable and beaten, and the adverse impact on the Applicant is not determinative. Costs are to be assessed on a standard basis, not indemnity, and in the sum of £10,000 as a fair and proportionate amount in all the circumstances.

Court Disposition

Applicant to pay Respondent's costs, assessed summarily.

Orders

  • Applicant to pay Respondent £10,000 as a stated amount of costs.