C v P-S [2010] JLR 645 (15 December 2010)

C v P-S [2010] JLR 645 (15 December 2010)

Indemnity costs are not appropriate in matrimonial proceedings unless there is conduct or circumstances out of the ordinary and a degree of unreasonableness by the paying party; prior indemnity costs orders and the desire to preserve financial provision are not sufficient grounds.

Citation
[2010] JLR 645
Parties
Applicant: C; Respondent: P-S
Jurisdiction
Jersey
Judgment Date
15 December 2010
Procedural Posture
Matrimonial / Costs Order
Outcome
Indemnity costs not ordered
Legal Topics
Indemnity Costs, Matrimonial Proceedings, Costs Orders
Civil Procedure Family Law Indemnity Costs Matrimonial Proceedings Costs Orders

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Parties

C

Applicant

P-S

Respondent

Procedural Posture

Matrimonial / Costs Order

Legal Issues

  1. 1 When should indemnity costs be ordered in matrimonial proceedings?
  2. 2 Is prior conduct or previous indemnity costs order relevant to current costs decision?

Ratio Decidendi

Indemnity costs are not appropriate in matrimonial proceedings unless there is conduct or circumstances out of the ordinary and a degree of unreasonableness by the paying party; prior indemnity costs orders and the desire to preserve financial provision are not sufficient grounds.

Court Disposition

Indemnity costs not ordered