D.K v P.I.K (Unapproved) [2023] IECA 7 (24 January 2023)

D.K v P.I.K (Unapproved) [2023] IECA 7 (24 January 2023)

The court determined that the default position in family law proceedings is that each party bears their own costs, and there was no evidence that the husband's actions materially increased litigation costs or warranted application of the Veolia principles. The appeal concerned the welfare of children and did not fit a binary win/lose framework. Therefore, no order as to costs was appropriate.

Citation
[2023] IECA 7
Parties
Applicant/respondent: DK; Respondent/appellant: PIK
Jurisdiction
Ireland
Judgment Date
24 January 2023
Procedural Posture
Family Law Appeal / Post Appeal Costs Determination
Outcome
no order as to costs
Legal Topics
Judicial Separation, Relocation of Children, Costs in Family Law Proceedings
Family Law Judicial Separation Relocation of Children Costs in Family Law Proceedings

Case Brief

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Parties

DK

Applicant/respondent

PIK

Respondent/appellant

Procedural Posture

Family Law Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 proper allocation of costs in family law appeal
  2. 2 application of 'costs follow the event' principle in family law
  3. 3 engagement of Veolia principles in family law litigation

Ratio Decidendi

The court determined that the default position in family law proceedings is that each party bears their own costs, and there was no evidence that the husband's actions materially increased litigation costs or warranted application of the Veolia principles. The appeal concerned the welfare of children and did not fit a binary win/lose framework. Therefore, no order as to costs was appropriate.

Court Disposition

no order as to costs

Orders

  • No order as to costs of the appeal. The High Court costs order is set aside and the issue of costs for the High Court application is to be determined within the ongoing judicial separation proceedings.