McPhillips v McPhillips [2025] NIFam 19 (11 December 2025)

McPhillips v McPhillips [2025] NIFam 19 (11 December 2025)

The wife was not in breach of the consent order at the time proceedings were commenced, as the estate agent had not advised that the offer should be accepted and ongoing marketing was reasonable. Any liability for costs is limited to a subsequent period of delay in confirming acceptance. The costs order is affirmed as a contribution only, not as a penalty for breach.

Citation
[2025] NIFam 19
Parties
Petitioner/respondent: Evelyn McPhillips; Respondent/appellant: Noel McPhillips
Jurisdiction
Northern Ireland
Judgment Date
11 December 2025
Procedural Posture
Appeal (family/ancillary Relief) / Appeal Against Costs Order
Outcome
Appeal dismissed; Master's order affirmed with variation
Legal Topics
Ancillary Relief, Costs Orders, Enforcement of Consent Orders, Property Sale in Divorce
Family Law Civil Procedure Ancillary Relief Costs Orders Enforcement of Consent Orders Property Sale in Divorce

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Parties

Evelyn McPhillips

Petitioner/respondent

Noel McPhillips

Respondent/appellant

Procedural Posture

Appeal (family/ancillary Relief) / Appeal Against Costs Order

Legal Issues

  1. 1 Whether the wife was in breach of the consent order by not accepting a purchase offer for the matrimonial home
  2. 2 Whether the costs order against the wife was justified
  3. 3 Appropriate quantum and basis for costs in applications for consequential directions

Ratio Decidendi

The wife was not in breach of the consent order at the time proceedings were commenced, as the estate agent had not advised that the offer should be accepted and ongoing marketing was reasonable. Any liability for costs is limited to a subsequent period of delay in confirming acceptance. The costs order is affirmed as a contribution only, not as a penalty for breach.

Court Disposition

Appeal dismissed; Master's order affirmed with variation

Orders

  • Wife to make a contribution of £1,000 plus VAT towards the husband's costs of the consequential directions application