J v M [2002] JRC 127 (10 July 2002)

J v M [2002] JRC 127 (10 July 2002)

Justice between the parties requires the husband to pay the wife's costs except for the Article 27 summons, and trustee's costs to be met from the trust fund on an indemnity basis.

Source-derived case information.

Citation
[2002] JRC 127
Parties
Applicant: husband; Respondent: wife; Applicant: trustee; Advocate for Unborn and Unascertained Beneficiaries: Advocate Lawrence
Jurisdiction
Jersey
Judgment Date
10 July 2002
Procedural Posture
Cross Applications for Costs / Post Judgment
Outcome
Costs partially awarded; husband to pay wife's costs except Article 27 summons; trustee's costs to be met from trust fund.
Legal Topics
Costs, Matrimonial Proceedings, Trust Fund
Family Law Trusts Costs Matrimonial Proceedings Trust Fund

Source-derived case record

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Parties

husband

Applicant

wife

Respondent

trustee

Applicant

Advocate Lawrence

Advocate for Unborn and Unascertained Beneficiaries

Procedural Posture

Cross Applications for Costs / Post Judgment

Legal Issues

  1. 1 Entitlement to costs following substantive judgment
  2. 2 Appropriate basis for costs orders
  3. 3 Allocation of trustee's costs

Ratio Decidendi

Justice between the parties requires the husband to pay the wife's costs except for the Article 27 summons, and trustee's costs to be met from the trust fund on an indemnity basis.

Court Disposition

Costs partially awarded; husband to pay wife's costs except Article 27 summons; trustee's costs to be met from trust fund.

Orders

  • Husband to pay wife's costs other than Article 27 summons on standard basis.
  • Wife to pay her own costs in relation to Article 27 summons.