JM v CZ

JM v CZ

The ex parte order did not comply with statutory requirements for a timely return hearing, and the respondent's offer to compromise was wrongly rejected; therefore, the respondent is entitled to costs assessed on the standard basis at 70% of claimed costs.

Parties
Applicant: JM; Respondent: CZ
Jurisdiction
England and Wales
Judgment Date
27 February 2014
Procedural Posture
Family Law Non Molestation Order / Costs Judgment Following Compromise of Substantive Dispute
Outcome
Costs awarded to the respondent, assessed on the standard basis.
Legal Topics
Non Molestation Orders, Ex Parte Proceedings, Duty of Candour, Costs Assessment, Compromise of Proceedings
Family Law Civil Procedure Non Molestation Orders Ex Parte Proceedings Duty of Candour Costs Assessment Compromise of Proceedings

Case Brief

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Parties

JM

Applicant

CZ

Respondent

Procedural Posture

Family Law Non Molestation Order / Costs Judgment Following Compromise of Substantive Dispute

Legal Issues

  1. 1 Whether the ex parte non-molestation order complied with statutory requirements for a return hearing
  2. 2 Appropriate procedure for ex parte orders under Part IV of the Family Law Act 1996
  3. 3 Duty of candour in ex parte applications

Ratio Decidendi

The ex parte order did not comply with statutory requirements for a timely return hearing, and the respondent's offer to compromise was wrongly rejected; therefore, the respondent is entitled to costs assessed on the standard basis at 70% of claimed costs.

Court Disposition

Costs awarded to the respondent, assessed on the standard basis.

Orders

  • Respondent awarded costs of £34,200, payable within 14 days.
  • Cross non-molestation undertakings by both parties to endure until 20 May 2014.