Alvina Collardeau v Michael Fuchs & Anor

Alvina Collardeau v Michael Fuchs & Anor

The wife’s application for permission to bring committal proceedings was misconceived, weak, evidentially flawed, and improperly motivated, justifying indemnity costs against her. The costs incurred by the husband and Mr Harrison were manifestly excessive and were reduced accordingly. The net costs owed by the wife to the husband are to be offset against interest due to her, and payment to Mr Harrison is deferred until 30 April 2024 due to the wife’s limited means.

Parties
Applicant: Alvina Collardeau; First Respondent: Michael Fuchs; Second Respondent: William Harrison
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Family/costs Ruling / Post Judgment Costs Determination
Outcome
Costs assessed and apportioned; orders for payment and set-off made.
Legal Topics
Costs, Committal Proceedings, Financial Remedy, Summary Assessment
Family Law Civil Procedure Costs Committal Proceedings Financial Remedy Summary Assessment

Case Brief

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Parties

Alvina Collardeau

Applicant

Michael Fuchs

First Respondent

William Harrison

Second Respondent

Procedural Posture

Family/costs Ruling / Post Judgment Costs Determination

Legal Issues

  1. 1 Allocation and assessment of costs following dismissal of application to bring contempt proceedings
  2. 2 Appropriate basis for costs assessment in family and committal proceedings
  3. 3 Reasonableness and proportionality of costs incurred by parties

Ratio Decidendi

The wife’s application for permission to bring committal proceedings was misconceived, weak, evidentially flawed, and improperly motivated, justifying indemnity costs against her. The costs incurred by the husband and Mr Harrison were manifestly excessive and were reduced accordingly. The net costs owed by the wife to the husband are to be offset against interest due to her, and payment to Mr Harrison is deferred until 30 April 2024 due to the wife’s limited means.

Court Disposition

Costs assessed and apportioned; orders for payment and set-off made.

Orders

  • Husband to pay wife £15,132 for costs of debarring application hearing on 5 September 2023.
  • Wife to pay husband £116,603.50 for costs of committal application, netted to £101,471.50 after set-off.