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

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

The applicant failed to prove on the balance of probabilities that he suffered any loss as a result of the respondent's conduct, as the relevant costs were agreed and paid by the wife; even if loss could be shown, the application was disproportionate and the court would decline to exercise its discretion to make a wasted costs order.

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

Case Brief

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Parties

Harrison

Applicant

Harrison

Respondent

Procedural Posture

Wasted Costs Application / Judgment on Application for Wasted Costs Order

Legal Issues

  1. 1 Whether the respondent counsel's conduct at a without notice freezing order hearing was improper, unreasonable or negligent under section 51(6) of the Supreme Court Act 1981
  2. 2 Whether the applicant suffered loss as a result of the alleged conduct
  3. 3 Whether a wasted costs order should be made in the circumstances

Ratio Decidendi

The applicant failed to prove on the balance of probabilities that he suffered any loss as a result of the respondent's conduct, as the relevant costs were agreed and paid by the wife; even if loss could be shown, the application was disproportionate and the court would decline to exercise its discretion to make a wasted costs order.

Court Disposition

Application dismissed

Orders

  • No wasted costs order made