M v L (Re Costs) [2026] NIMaster 4 (27 February 2026)

M v L (Re Costs) [2026] NIMaster 4 (27 February 2026)

Although the wife achieved a better percentage outcome at the hearing, her failure to engage realistically in settlement negotiations and to respond to a reasonable Calderbank offer justifies a partial costs order against her. However, the order must not undermine the needs-based distribution or force the sale of the home, so only a fixed partial costs award is appropriate.

Citation
[2026] NIMaster 4
Parties
Petitioner: M; Respondent: L
Jurisdiction
Northern Ireland
Judgment Date
27 February 2026
Procedural Posture
Ancillary Relief (family/matrimonial) / Post Judgment Costs Ruling
Outcome
Partial costs order in favour of the husband.
Legal Topics
Ancillary Relief, Costs Orders, Calderbank Offers, Clean Break, Needs Based Distribution
Family Law Ancillary Relief Costs Orders Calderbank Offers Clean Break Needs Based Distribution

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Parties

M

Petitioner

L

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the husband is entitled to a costs order in ancillary relief proceedings
  2. 2 Appropriate application of Calderbank principles in Northern Ireland family proceedings
  3. 3 Impact of costs order on needs-based distribution

Ratio Decidendi

Although the wife achieved a better percentage outcome at the hearing, her failure to engage realistically in settlement negotiations and to respond to a reasonable Calderbank offer justifies a partial costs order against her. However, the order must not undermine the needs-based distribution or force the sale of the home, so only a fixed partial costs award is appropriate.

Court Disposition

Partial costs order in favour of the husband.

Orders

  • The wife is to pay the fixed sum of £3,000 plus VAT towards the husband's costs, to be paid to the husband's solicitors on or before 4 February 2027.