GS v L [2011] EWHC 2116 (Fam) (29 July 2011)

GS v L [2011] EWHC 2116 (Fam) (29 July 2011)

The husband's conduct, including pursuing irrelevant Spanish law issues, failing to comply with court orders, and failing to disclose income, was disproportionate and caused unnecessary costs. This justified a departure from the general rule, and a costs order against the husband was appropriate under FPR 2010 Part 28.3(6)-(7).

Citation
[2011] EWHC 2116 (Fam)
Parties
Applicant: GS; Respondent: L
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Application for Costs in Financial Remedy Proceedings (ancillary Relief) / Post Judgment, Costs Application After Final Hearing
Outcome
Costs order granted in favour of the wife against the husband.
Legal Topics
Ancillary Relief, Financial Remedy, Costs Orders, Litigation Conduct, Issue Based Costs
Family Law Civil Procedure Ancillary Relief Financial Remedy Costs Orders Litigation Conduct Issue Based Costs

Case Brief

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Parties

GS

Applicant

L

Respondent

Procedural Posture

Application for Costs in Financial Remedy Proceedings (ancillary Relief) / Post Judgment, Costs Application After Final Hearing

Legal Issues

  1. 1 Whether the husband's conduct in the proceedings justifies a departure from the general rule that costs lie where they fall in financial remedy proceedings
  2. 2 Whether an issue-based costs order should be made against the husband for his litigation conduct

Ratio Decidendi

The husband's conduct, including pursuing irrelevant Spanish law issues, failing to comply with court orders, and failing to disclose income, was disproportionate and caused unnecessary costs. This justified a departure from the general rule, and a costs order against the husband was appropriate under FPR 2010 Part 28.3(6)-(7).

Court Disposition

Costs order granted in favour of the wife against the husband.

Orders

  • The husband shall pay the wife £55,000 as a contribution towards her costs.