B -v- B [2009] JRC 092 (05 May 2009)

B -v- B [2009] JRC 092 (05 May 2009)

Indemnity costs are ordered against the husband due to his failure to disclose a forthcoming capital asset, despite less egregious conduct than in cited cases; the duty of disclosure is paramount.

Citation
[2009] JRC 092
Parties
Representor: B; Respondent: B
Jurisdiction
Jersey
Judgment Date
05 May 2009
Procedural Posture
Matrimonial Proceedings / Costs Judgment Following Order Set Aside for Material Non Disclosure
Outcome
Indemnity costs ordered against the Respondent.
Legal Topics
Material Non Disclosure, Costs, Indemnity Costs, Ancillary Relief
Family Law Civil Procedure Material Non Disclosure Costs Indemnity Costs Ancillary Relief

Case Brief

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Parties

B

Representor

B

Respondent

Procedural Posture

Matrimonial Proceedings / Costs Judgment Following Order Set Aside for Material Non Disclosure

Legal Issues

  1. 1 Whether costs should be awarded following material non-disclosure
  2. 2 Whether indemnity costs are appropriate in the circumstances

Ratio Decidendi

Indemnity costs are ordered against the husband due to his failure to disclose a forthcoming capital asset, despite less egregious conduct than in cited cases; the duty of disclosure is paramount.

Court Disposition

Indemnity costs ordered against the Respondent.

Orders

  • Respondent to pay indemnity costs of this hearing.