GS v L

GS v L

The husband's conduct, including pursuing the case as if it were governed by Spanish law, failing to comply with disclosure obligations, and making inappropriate offers, was disproportionate and led to unnecessary costs. This conduct justified a departure from the general rule, warranting an order that the husband pay a proportion of the wife's costs.

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 Determination
Outcome
Application for costs granted in part; issue-based costs order made against the husband.
Legal Topics
Ancillary Relief, Financial Remedy, Costs Orders, Issue Based Costs, Litigation Conduct
Family Law Civil Procedure Ancillary Relief Financial Remedy Costs Orders Issue Based Costs Litigation Conduct

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 Determination

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 the case as if it were governed by Spanish law, failing to comply with disclosure obligations, and making inappropriate offers, was disproportionate and led to unnecessary costs. This conduct justified a departure from the general rule, warranting an order that the husband pay a proportion of the wife's costs.

Court Disposition

Application for costs granted in part; issue-based costs order made against the husband.

Orders

  • The husband shall pay the wife £55,000 as a contribution towards her costs, representing approximately one third of her unassessed costs.