Hayes v Hayes

Hayes v Hayes

The appeal is adjourned pending determination of liability in the harassment claim, in light of undertakings by the respondent not to enforce the costs order substantively until judgment in the harassment proceedings. The grounds of appeal lack merit, but a short stay is unnecessary due to the respondent's...

Source-derived case information.

Parties
Appellant: Mrs. Hayes; Respondent: Mr. Hayes
Jurisdiction
England and Wales
Judgment Date
03 April 2019
Procedural Posture
Appeal / Interlocutory Appeal Against Refusal to Stay Enforcement of Costs Order
Outcome
adjourned
Legal Topics
Stay of Enforcement, Costs Orders, Harassment Claims, Appeal Grounds, Abuse of Process
Civil Procedure Bankruptcy Family Law Stay of Enforcement Costs Orders Harassment Claims Appeal Grounds Abuse of Process

Source-derived case record

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mrs. Hayes

Appellant

Mr. Hayes

Respondent

Procedural Posture

Appeal / Interlocutory Appeal Against Refusal to Stay Enforcement of Costs Order

Legal Issues

  1. 1 Whether a stay of enforcement of a costs order should be granted pending determination of related harassment proceedings
  2. 2 Whether allegations of fraud and abuse of process affect the enforceability of the costs order
  3. 3 Whether the appellant's rights of appeal against the costs order are exhausted

Ratio Decidendi

The appeal is adjourned pending determination of liability in the harassment claim, in light of undertakings by the respondent not to enforce the costs order substantively until judgment in the harassment proceedings. The grounds of appeal lack merit, but a short stay is unnecessary due to the respondent's undertakings.

Court Disposition

adjourned

Orders

  • Hearing of the appeal adjourned until after determination of liability in the harassment proceedings.
  • Respondent undertakes not to seek substantive enforcement of the costs order until judgment in the harassment claim.