In the matter of L (Matrimonial) [2015] JRC 120 (02 June 2015)

In the matter of L (Matrimonial) [2015] JRC 120 (02 June 2015)

The Husband's failure to make any settlement offer until late in the proceedings, coupled with his inadequate disclosure and obstructive conduct, justifies a significant costs order against him. However, the Wife's excessive zeal, delays, and failure to negotiate until late in the process also warrant a reduction. Justice requires that the Husband pay 50% of the Wife's costs, assessed on the standard basis if not agreed.

Citation
[2015] JRC 120
Parties
Applicant: Wife; Respondent: Husband
Jurisdiction
Jersey
Judgment Date
02 June 2015
Procedural Posture
Ancillary Relief (matrimonial Finance) / Final Judgment on Costs
Outcome
Husband to pay 50% of Wife's costs of the ancillary relief proceedings (excluding costs already ordered), assessed on the standard basis if not agreed.
Legal Topics
Ancillary Relief, Costs Orders, Matrimonial Finance, Litigation Conduct
Family Law Civil Procedure Ancillary Relief Costs Orders Matrimonial Finance Litigation Conduct

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Parties

Wife

Applicant

Husband

Respondent

Procedural Posture

Ancillary Relief (matrimonial Finance) / Final Judgment on Costs

Legal Issues

  1. 1 What is the appropriate order for costs at the conclusion of the Wife's application for ancillary relief?
  2. 2 To what extent should the conduct of the parties and offers of settlement affect the costs order?

Ratio Decidendi

The Husband's failure to make any settlement offer until late in the proceedings, coupled with his inadequate disclosure and obstructive conduct, justifies a significant costs order against him. However, the Wife's excessive zeal, delays, and failure to negotiate until late in the process also warrant a reduction. Justice requires that the Husband pay 50% of the Wife's costs, assessed on the standard basis if not agreed.

Court Disposition

Husband to pay 50% of Wife's costs of the ancillary relief proceedings (excluding costs already ordered), assessed on the standard basis if not agreed.

Orders

  • Husband to pay 50% of Wife's costs of the ancillary relief proceedings (excluding costs already ordered), assessed on the standard basis if not agreed.
  • Previous costs orders against the Husband (set aside application and certain interlocutory stages) stand.