Arshad v Anwar [2012] EWCA Civ 372 (23 February 2012)

Arshad v Anwar [2012] EWCA Civ 372 (23 February 2012)

The appeal is allowed because the costs order was made without proper notice to the husband, contrary to procedural rules, and because an assessment is required to determine recoverable costs and avoid duplication.

Citation
[2012] EWCA Civ 372
Parties
Appellant: Arshad; Respondent: Anwar
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Costs, Recognition of Foreign Divorce, Matrimonial and Family Proceedings Act 1984, Talaq Divorce, Notice Requirements
Family Law Civil Procedure Costs Recognition of Foreign Divorce Matrimonial and Family Proceedings Act 1984 Talaq Divorce Notice Requirements

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Parties

Arshad

Appellant

Anwar

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the wife is entitled to recover costs of her Part 3 application under the Matrimonial and Family Proceedings Act 1984
  2. 2 Whether proper notice was given for the costs application
  3. 3 Whether there was duplication of costs between applications

Ratio Decidendi

The appeal is allowed because the costs order was made without proper notice to the husband, contrary to procedural rules, and because an assessment is required to determine recoverable costs and avoid duplication.

Court Disposition

Appeal allowed in part

Orders

  • Order for costs set aside
  • Wife's costs of Part 3 proceedings to be assessed if not agreed