In the matter of C and D (Matrimonial) [2018] JCA 020 (24 January 2018)

In the matter of C and D (Matrimonial) [2018] JCA 020 (24 January 2018)

Given the facts that the appeal was without merit, was lodged for tactical reasons to vacate a hearing, and that none of the usual rationales for not awarding costs in children proceedings applied, the Father should pay the Mother's costs on the indemnity basis, summarily assessed.

Citation
[2018] JCA 020
Parties
Appellant: C; Respondent: D
Jurisdiction
Jersey
Judgment Date
24 January 2018
Procedural Posture
Appeal (children Proceedings) / Costs Determination Following Withdrawal of Appeal
Outcome
Costs order against the Father (Appellant) in favour of the Mother (Respondent) on the indemnity basis, summarily assessed.
Legal Topics
Costs in Children Proceedings, Withdrawal of Appeal, Indemnity Costs, Summary Assessment of Costs
Family Law Civil Procedure Costs in Children Proceedings Withdrawal of Appeal Indemnity Costs Summary Assessment of Costs

Case Brief

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Parties

C

Appellant

D

Respondent

Procedural Posture

Appeal (children Proceedings) / Costs Determination Following Withdrawal of Appeal

Legal Issues

  1. 1 Whether leave is required to withdraw an appeal in children proceedings
  2. 2 Whether an adverse costs order should be made against the appellant (Father) after withdrawal of appeal
  3. 3 On what basis and for what period costs should be awarded, including indemnity basis and quantum

Ratio Decidendi

Given the facts that the appeal was without merit, was lodged for tactical reasons to vacate a hearing, and that none of the usual rationales for not awarding costs in children proceedings applied, the Father should pay the Mother's costs on the indemnity basis, summarily assessed.

Court Disposition

Costs order against the Father (Appellant) in favour of the Mother (Respondent) on the indemnity basis, summarily assessed.

Orders

  • Father to pay the Mother's costs of the appeal on the indemnity basis, assessed at £13,000 plus GST, payable within 21 days.