Challinor v Challinor [2004] EWCA Civ 1674 (10 December 2004)

Challinor v Challinor [2004] EWCA Civ 1674 (10 December 2004)

The appellant's application for permission to appeal was refused and the respondent succeeded; therefore, the appellant should pay the respondent's costs. The court found double accounting in the previous calculation and reduced the assessed costs accordingly.

Citation
[2004] EWCA Civ 1674
Parties
Appellant: Challinor; Respondent: Challinor
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Family Law Appeal (ancillary Relief) / Costs Determination Following Dismissal of Permission to Appeal
Outcome
Appellant ordered to pay respondent's costs of the application for permission to appeal.
Legal Topics
Ancillary Relief, Costs Assessment, Appeals, Disclosure
Family Law Civil Procedure Ancillary Relief Costs Assessment Appeals Disclosure

Case Brief

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Parties

Challinor

Appellant

Challinor

Respondent

Procedural Posture

Family Law Appeal (ancillary Relief) / Costs Determination Following Dismissal of Permission to Appeal

Legal Issues

  1. 1 Whether the appellant should pay the respondent's costs of the permission to appeal application
  2. 2 Proper assessment and calculation of the respondent's costs

Ratio Decidendi

The appellant's application for permission to appeal was refused and the respondent succeeded; therefore, the appellant should pay the respondent's costs. The court found double accounting in the previous calculation and reduced the assessed costs accordingly.

Court Disposition

Appellant ordered to pay respondent's costs of the application for permission to appeal.

Orders

  • Appellant to pay respondent's costs assessed at £16,714 inclusive of VAT.
  • Sum to be deducted by respondent from the lump sum payable to appellant pursuant to Wilson J's order.