D & D v S M H

D & D v S M H

The respondent's waiver of costs orders against his wife removed the causal link necessary for a wasted costs order against the appellants; without ring-fencing the wasted costs claim in the settlement, the respondent cannot show he suffered a loss, and the wasted costs order cannot be enforced.

Parties
Appellants: D & D; Respondent: S M H
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Wasted Costs Order, Costs in Family Proceedings, Solicitor Liability, Ancillary Relief
Family Law Civil Procedure Wasted Costs Order Costs in Family Proceedings Solicitor Liability Ancillary Relief

Case Brief

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Parties

D & D

Appellants

S M H

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a wasted costs order against solicitors can survive when the underlying costs order against the wife has been waived by the husband
  2. 2 Whether the respondent suffered any loss after waiving costs orders against the wife

Ratio Decidendi

The respondent's waiver of costs orders against his wife removed the causal link necessary for a wasted costs order against the appellants; without ring-fencing the wasted costs claim in the settlement, the respondent cannot show he suffered a loss, and the wasted costs order cannot be enforced.

Court Disposition

appeal allowed

Orders

  • The wasted costs order against the appellants is set aside.
  • No order for costs against the appellants.