McGowan v McGowan [2015] NIFam 11 (16 June 2015)

McGowan v McGowan [2015] NIFam 11 (16 June 2015)

The petitioner's misconduct in prolonging proceedings justified the existing order for him to pay one third of the respondent's costs; there was no basis to exclude expert witness costs or to award costs to either party beyond the existing order.

Citation
[2015] NIFam 11
Parties
Petitioner: David McGowan; Respondent: Christabel McGowan
Jurisdiction
Northern Ireland
Judgment Date
16 June 2015
Procedural Posture
Ancillary Relief (family/matrimonial) / Post Judgment Costs Determination
Outcome
Existing costs order stands; no further costs awarded to either party.
Legal Topics
Ancillary Relief, Costs Orders, Litigation Misconduct, Calderbank Offers
Family Law Ancillary Relief Costs Orders Litigation Misconduct Calderbank Offers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

David McGowan

Petitioner

Christabel McGowan

Respondent

Procedural Posture

Ancillary Relief (family/matrimonial) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the petitioner's liability for costs should exclude expert witness costs
  2. 2 Whether the petitioner is entitled to costs against the respondent
  3. 3 Whether the respondent is entitled to all her costs against the petitioner

Ratio Decidendi

The petitioner's misconduct in prolonging proceedings justified the existing order for him to pay one third of the respondent's costs; there was no basis to exclude expert witness costs or to award costs to either party beyond the existing order.

Court Disposition

Existing costs order stands; no further costs awarded to either party.

Orders

  • Petitioner to pay one third of respondent's costs, including expert witness costs.
  • No costs awarded to petitioner against respondent.