PS -v- HF and SS [2008] JRC 155 (18 September 2008)

PS -v- HF and SS [2008] JRC 155 (18 September 2008)

The respondent's application to set aside the consent order was speculative, unsupported by evidence, and based on erroneous assumptions. The respondent should bear the petitioner's costs on an indemnity basis as this is an exceptional case with special and unusual features. There will be no order for costs regarding the directions for the sale/transfer of the practice, as neither party was the winner in that respect.

Citation
[2008] JRC 155
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
18 September 2008
Procedural Posture
Matrimonial/financial Remedy / Post Judgment Costs Determination
Outcome
Respondent to pay petitioner's costs on an indemnity basis for the application to set aside the consent order; no order as to costs for directions under liberty to apply regarding the practice.
Legal Topics
Costs, Consent Orders, Non Disclosure, Bad Legal Advice, Finality of Litigation
Family Law Civil Procedure Costs Consent Orders Non Disclosure Bad Legal Advice Finality of Litigation

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Matrimonial/financial Remedy / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the respondent should pay the petitioner's costs for the unsuccessful application to set aside the consent order
  2. 2 Whether costs should be awarded on an indemnity or standard basis
  3. 3 Whether the flexible approach to costs in matrimonial proceedings applies

Ratio Decidendi

The respondent's application to set aside the consent order was speculative, unsupported by evidence, and based on erroneous assumptions. The respondent should bear the petitioner's costs on an indemnity basis as this is an exceptional case with special and unusual features. There will be no order for costs regarding the directions for the sale/transfer of the practice, as neither party was the winner in that respect.

Court Disposition

Respondent to pay petitioner's costs on an indemnity basis for the application to set aside the consent order; no order as to costs for directions under liberty to apply regarding the practice.

Orders

  • Respondent to pay petitioner's costs on an indemnity basis for the application to set aside the consent order.
  • No order for costs regarding the directions for the sale/transfer of the practice.