E.L. -v- S.K. [2012] IEHC 617 (13 July 2012)

The petitioner's conduct, while lacking merit and involving misleading statements, did not reach the threshold of misconduct required to justify solicitor and client costs, as he withdrew before an oral hearing, aligning with public policy to encourage settlement and withdrawal of unmeritorious claims.

Citation: [2012] IEHC 617
Parties: Petitioner: E. L.; Respondent: S. K.
Jurisdiction: Ireland
Judgment Date: 13 July 2012
Procedural Posture: Nullity Petition (family Law) / Post Withdrawal of Petition, Application for Costs
Outcome: Application for solicitor and client costs refused; costs awarded on party and party basis to respondent.
Legal Topics: Nullity of Marriage, Judicial Separation, Costs (solicitor and Client Basis)

Family Law Nullity of Marriage Judicial Separation Costs (solicitor and Client Basis)

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Parties

E. L.

Petitioner

S. K.

Respondent

Procedural Posture

Nullity Petition (family Law) / Post Withdrawal of Petition, Application for Costs

Legal Issues

1 Whether the respondent is entitled to costs on a solicitor and client basis following withdrawal of the nullity petition by the petitioner

Ratio Decidendi

Court Disposition

Application for solicitor and client costs refused; costs awarded on party and party basis to respondent.

Orders

Respondent awarded costs on a party and party basis, including reserved or discovery costs, to be taxed in default of agreement.