Q v R (Matrimonial) (Royal Court : Hearing (Civil) : Thompson : Costs) [2026] JRC 017 (14 January 2026)

Q v R (Matrimonial) (Royal Court : Hearing (Civil) : Thompson : Costs) [2026] JRC 017 (14 January 2026)

Q's conduct throughout proceedings, including repeated attempts to delay, hopeless legal arguments, and refusal to cooperate, justifies an order for costs against him on the standard basis and authorisation for the Viscount to act in the sale of the property. The needs-based nature of the case precludes indemnity costs. The Viscount is empowered to enforce sale and remove Q's effects if Q fails to cooperate within the specified timeframe.

Citation
[2026] JRC 017
Parties
Applicant: Q; Respondent: R; Amicus Curiae: Amicus; Court Appointed Representative: Viscount
Jurisdiction
Jersey
Judgment Date
14 January 2026
Procedural Posture
Matrimonial Appeal / Post Substantive Judgment; Costs and Enforcement Orders
Outcome
Costs awarded to R on standard basis, payable from Q's share; Viscount authorised to act for Q in sale of property; Q not required to pay Amicus costs; requests for stay, leave to appeal, and access to recordings refused.
Legal Topics
Costs, Enforcement of Judgment, Property Sale, Clean Break, Appointment of Amicus, Appeal Procedure
Family Law Civil Procedure Costs Enforcement of Judgment Property Sale Clean Break Appointment of Amicus Appeal Procedure

Case Brief

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Parties

Q

Applicant

R

Respondent

Amicus

Amicus Curiae

Viscount

Court Appointed Representative

Procedural Posture

Matrimonial Appeal / Post Substantive Judgment; Costs and Enforcement Orders

Legal Issues

  1. 1 Whether costs should be awarded on the standard or indemnity basis
  2. 2 Whether Q should bear the costs of the Amicus
  3. 3 Whether the Viscount should be authorised to act for Q in the sale of jointly owned property

Ratio Decidendi

Q's conduct throughout proceedings, including repeated attempts to delay, hopeless legal arguments, and refusal to cooperate, justifies an order for costs against him on the standard basis and authorisation for the Viscount to act in the sale of the property. The needs-based nature of the case precludes indemnity costs. The Viscount is empowered to enforce sale and remove Q's effects if Q fails to cooperate within the specified timeframe.

Court Disposition

Costs awarded to R on standard basis, payable from Q's share; Viscount authorised to act for Q in sale of property; Q not required to pay Amicus costs; requests for stay, leave to appeal, and access to recordings refused.

Orders

  • R to submit costs claim within 14 days; Q to respond within 14 days; R to reply within 7 days; Commissioner to assess costs summarily.
  • Costs payable from Q's share of property proceeds.