F.H. v D.H. [2013] IEHC 645 (13 December 2013)

F.H. v D.H. [2013] IEHC 645 (13 December 2013)

The court reserved the issue of costs until the determination of the judicial separation proceedings now before the court, finding that early costs orders in family law cases could engender bitterness and prejudice settlement, and that the mandatory nature of Order 26, Rule 1 need not be determined at this stage.

Citation
[2013] IEHC 645
Parties
Applicant: F. H.; Respondent: D. H.
Jurisdiction
Ireland
Judgment Date
13 December 2013
Procedural Posture
Judicial Separation / Interlocutory Costs Determination Following Discontinuance of Proceedings
Outcome
Costs issue reserved; no order for costs at this stage.
Legal Topics
Judicial Separation, Costs, Discontinuance, Preliminary Issues
Family Law Judicial Separation Costs Discontinuance Preliminary Issues

Case Brief

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Parties

F. H.

Applicant

D. H.

Respondent

Procedural Posture

Judicial Separation / Interlocutory Costs Determination Following Discontinuance of Proceedings

Legal Issues

  1. 1 Whether costs should be awarded against the applicant following discontinuance of judicial separation proceedings
  2. 2 Whether the mandatory provisions of Order 26, Rule 1 of the Rules of the Superior Court apply in family law proceedings
  3. 3 Whether costs should be reserved until determination of subsequent proceedings

Ratio Decidendi

The court reserved the issue of costs until the determination of the judicial separation proceedings now before the court, finding that early costs orders in family law cases could engender bitterness and prejudice settlement, and that the mandatory nature of Order 26, Rule 1 need not be determined at this stage.

Court Disposition

Costs issue reserved; no order for costs at this stage.

Orders

  • Applicant's counsel to inform Supreme Court of discontinuance of proceedings forming basis of appeal.
  • Costs issue to be determined after judicial separation proceedings under Family Law Act 1995.