AGH and KGH v H [2008] JRC 041 (13 March 2008)

AGH and KGH v H [2008] JRC 041 (13 March 2008)

Neither party was wholly successful; the plaintiffs succeeded in justifying the injunctions in the short term, but the defendant succeeded in having them revoked after a defined period. The just and fair order is no order as to costs for either the defendant's summons or the original ex parte application.

Citation
[2008] JRC 041
Parties
First Plaintiff: MR AG H; Second Plaintiff: MRS KG H; Defendant: MRS H
Jurisdiction
Jersey
Judgment Date
13 March 2008
Procedural Posture
Injunction Proceedings (costs Judgment) / Post Judgment (costs Determination)
Outcome
No order as to costs for either the defendant's summons or the original ex parte application.
Legal Topics
Non Molestation Injunctions, Costs Orders, Matrimonial Proceedings
Family Law Civil Procedure Non Molestation Injunctions Costs Orders Matrimonial Proceedings

Case Brief

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Parties

MR AG H

First Plaintiff

MRS KG H

Second Plaintiff

MRS H

Defendant

Procedural Posture

Injunction Proceedings (costs Judgment) / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether costs should be awarded in relation to the defendant's summons to revoke injunctions and the original ex parte application
  2. 2 Jurisdiction to award costs for the original ex parte application
  3. 3 Appropriate approach to costs in injunction proceedings

Ratio Decidendi

Neither party was wholly successful; the plaintiffs succeeded in justifying the injunctions in the short term, but the defendant succeeded in having them revoked after a defined period. The just and fair order is no order as to costs for either the defendant's summons or the original ex parte application.

Court Disposition

No order as to costs for either the defendant's summons or the original ex parte application.

Orders

  • No order for costs in relation to the defendant's summons to revoke the injunctions.
  • No order for costs in relation to the original ex parte application.