Arshad v Anwar

Arshad v Anwar

The appeal was allowed because the order for costs was made without proper notice to the husband as required by the rules, and because an assessment was needed to determine the reasonableness and potential duplication of the claimed costs. The wife is entitled in principle to costs for advice and preparation for the Part 3 application, but not necessarily for launching it, and any duplication with previous costs orders must be scrutinized.

Parties
Appellant: Arshad; Respondent: Anwar
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Civil Appeal Family Law (costs) / Appeal From Order for Costs in Family Proceedings
Outcome
Appeal allowed in part
Legal Topics
Costs, Divorce, Recognition of Foreign Divorce, Procedural Fairness
Family Law Civil Procedure Costs Divorce Recognition of Foreign Divorce Procedural Fairness

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Parties

Arshad

Appellant

Anwar

Respondent

Procedural Posture

Civil Appeal Family Law (costs) / Appeal From Order for Costs in Family Proceedings

Legal Issues

  1. 1 Whether the wife was entitled to costs of her withdrawn application under Part 3 of the Matrimonial and Family Proceedings Act 1984
  2. 2 Whether proper notice was given for the costs application
  3. 3 Whether costs for preparatory work and launching the application were reasonable

Ratio Decidendi

The appeal was allowed because the order for costs was made without proper notice to the husband as required by the rules, and because an assessment was needed to determine the reasonableness and potential duplication of the claimed costs. The wife is entitled in principle to costs for advice and preparation for the Part 3 application, but not necessarily for launching it, and any duplication with previous costs orders must be scrutinized.

Court Disposition

Appeal allowed in part

Orders

  • Order for costs set aside
  • Wife's costs of the Part 3 proceedings to be assessed if not agreed, with attention to reasonableness and duplication