Harrison v Harrison [2009] EWHC 428 (QB) (06 February 2009)

Harrison v Harrison [2009] EWHC 428 (QB) (06 February 2009)

Applicant failed to prove any loss attributable to respondent's conduct, as costs had been agreed and paid; proceedings were disproportionate to any benefit; court declined to exercise discretion to grant wasted costs order.

Citation
[2009] EWHC 428
Parties
Applicant: Harrison; Respondent: Harrison
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Wasted Costs Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Wasted Costs Orders, Freezing Orders, Ancillary Relief, Professional Negligence
Civil Procedure Family Law Wasted Costs Orders Freezing Orders Ancillary Relief Professional Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Harrison

Applicant

Harrison

Respondent

Procedural Posture

Wasted Costs Application / Final Judgment

Legal Issues

  1. 1 Whether respondent counsel's conduct at a without notice hearing was improper, unreasonable or negligent under section 51(6) Supreme Court Act 1981
  2. 2 Whether wasted costs order should be made against counsel for alleged failures and misleading the court

Ratio Decidendi

Applicant failed to prove any loss attributable to respondent's conduct, as costs had been agreed and paid; proceedings were disproportionate to any benefit; court declined to exercise discretion to grant wasted costs order.

Court Disposition

Application dismissed

Orders

  • Application for wasted costs order dismissed