Challinor v Challinor

The appellant's application for permission to appeal was refused and the respondent succeeded, incurring costs as a result of the appellant's allegations. There was no exceptional reason to depart from the principle that costs follow the event. The court found double accounting in the costs schedule and reduced the award accordingly.

Parties: Appellant: Challinor; Respondent: Challinor
Jurisdiction: England and Wales
Judgment Date: 10 December 2004
Procedural Posture: Civil Appeal (family/ancillary Relief) / Costs Judgment Following Dismissal of Permission to Appeal
Outcome: Appellant to pay respondent's costs of the application for permission to appeal, assessed at £16,714 inclusive of VAT, to be deducted from the lump sum payable to the appellant.
Legal Topics: Costs, Ancillary Relief, Appeals

Family Law Civil Procedure Costs Ancillary Relief Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Challinor

Appellant

Challinor

Respondent

Procedural Posture

Civil Appeal (family/ancillary Relief) / Costs Judgment Following Dismissal of Permission to Appeal

Legal Issues

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

Ratio Decidendi

Court Disposition

Appellant to pay respondent's costs of the application for permission to appeal, assessed at £16,714 inclusive of VAT, to be deducted from the lump sum payable to the appellant.

Orders

Appellant to pay respondent £16,714 inclusive of VAT for costs of the application for permission to appeal.
Sum to be deducted from the lump sum payable to the appellant pursuant to Wilson J’s order.