P-S v C [2010] JCA 225 (15 December 2010)

P-S v C [2010] JCA 225 (15 December 2010)

The husband must pay the wife's costs for both the appeal and cross-appeal, but there is insufficient evidence of unreasonable conduct during the appeal to justify indemnity costs; costs are to be assessed on the standard basis.

Citation
[2010] JCA 225
Parties
Appellant: C; Respondent: P-S; Appellant: P-S; Respondent: C
Jurisdiction
Jersey
Judgment Date
15 December 2010
Procedural Posture
Appeal / Costs Judgment
Outcome
husband to pay wife's costs for appeal and cross-appeal on standard basis
Legal Topics
Costs, Indemnity Costs, Standard Costs, Appeal, Cross Appeal
Family Law Civil Procedure Costs Indemnity Costs Standard Costs Appeal Cross Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

C

Appellant

P-S

Respondent

P-S

Appellant

C

Respondent

Procedural Posture

Appeal / Costs Judgment

Legal Issues

  1. 1 Should the wife be awarded costs for both the appeal and cross-appeal?
  2. 2 Should costs be assessed on the standard or indemnity basis?

Ratio Decidendi

The husband must pay the wife's costs for both the appeal and cross-appeal, but there is insufficient evidence of unreasonable conduct during the appeal to justify indemnity costs; costs are to be assessed on the standard basis.

Court Disposition

husband to pay wife's costs for appeal and cross-appeal on standard basis

Orders

  • Costs to be taxed if not agreed, on standard basis.
  • Costs include Bedell Cristin, FTI Forensic Accounting, MAQS law firm in Sweden, and Counsel since 23 July 2009, as specified, on standard basis.