H v H [2016] NICA 6 (11 February 2016)

H v H [2016] NICA 6 (11 February 2016)

The appellant's conduct in pursuing unmeritorious appeals and making unfounded, insulting allegations against legal professionals and the judiciary constituted misconduct of an unreasonably high degree, justifying an order for indemnity costs for the appeals before the Court of Appeal; costs for earlier hearings remain on the standard basis as indemnity costs were not previously sought or ordered.

Citation
[2016] NICA 6
Parties
Petitioner/respondent: H; Respondent/appellant: H
Jurisdiction
Northern Ireland
Judgment Date
11 February 2016
Procedural Posture
Appeal (ancillary Relief, Costs) / Judgment on Costs Following Determination of Appeals
Outcome
Appeal dismissed as to costs; costs orders made against appellant.
Legal Topics
Ancillary Relief, Costs Orders, Indemnity Costs, Standard Costs, Appeals
Family Law Civil Procedure Ancillary Relief Costs Orders Indemnity Costs Standard Costs Appeals

Case Brief

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Parties

H

Petitioner/respondent

H

Respondent/appellant

Procedural Posture

Appeal (ancillary Relief, Costs) / Judgment on Costs Following Determination of Appeals

Legal Issues

  1. 1 Whether costs should be awarded against the appellant for the hearing before O'Hara J and the two appeals
  2. 2 Whether costs should be taxed on the standard or indemnity basis
  3. 3 Whether costs should be taken from the appellant's share of property sale proceeds

Ratio Decidendi

The appellant's conduct in pursuing unmeritorious appeals and making unfounded, insulting allegations against legal professionals and the judiciary constituted misconduct of an unreasonably high degree, justifying an order for indemnity costs for the appeals before the Court of Appeal; costs for earlier hearings remain on the standard basis as indemnity costs were not previously sought or ordered.

Court Disposition

Appeal dismissed as to costs; costs orders made against appellant.

Orders

  • Costs of appeals before the Court of Appeal awarded to respondent on an indemnity basis, to be taxed accordingly.
  • Costs of hearings before O'Hara J, Maguire J, and the Master awarded against appellant on the standard basis.