CM v CM [2019] EWFC 16 (01 March 2019)

CM v CM [2019] EWFC 16 (01 March 2019)

The court held that the letter of instruction to the expert accountant must follow the form drafted by the Respondent's solicitors, as it reflected the court's prior order. The Applicant's amendments were inappropriate and unjustified. The Applicant is responsible for the costs of the cross-applications.

Citation
[2019] EWFC 16
Parties
Applicant: CM; Respondent: CM
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Family Court Financial Remedy Proceedings / Cross Applications Regarding Letter of Instruction to Expert Accountant
Outcome
Applicant's cross-application dismissed; Respondent's application granted
Legal Topics
Expert Evidence, Financial Remedy, Costs, Arbitration in Family Proceedings
Family Law Expert Evidence Financial Remedy Costs Arbitration in Family Proceedings

Case Brief

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Parties

CM

Applicant

CM

Respondent

Procedural Posture

Family Court Financial Remedy Proceedings / Cross Applications Regarding Letter of Instruction to Expert Accountant

Legal Issues

  1. 1 Whether amendments to the letter of instruction to the expert accountant were appropriate
  2. 2 Whether the Applicant or Respondent should bear the costs of the cross-applications
  3. 3 Whether parties or their advisors may attend meetings with the expert accountant

Ratio Decidendi

The court held that the letter of instruction to the expert accountant must follow the form drafted by the Respondent's solicitors, as it reflected the court's prior order. The Applicant's amendments were inappropriate and unjustified. The Applicant is responsible for the costs of the cross-applications.

Court Disposition

Applicant's cross-application dismissed; Respondent's application granted

Orders

  • Letter of instruction to expert accountant to proceed in the form drafted by Respondent's solicitors, with Applicant's solicitor permitted to observe meetings as an observer only.
  • Applicant to pay Respondent's costs of the cross-applications on the standard basis.