AB v BA [2024] EWHC 1179 (Fam)5 March 2024
Published: 22/08/2024 14:38
https://caselaw.nationalarchives.gov.uk/ewhc/fam/2024/1179
Cusworth J. Appeals allowed against instalment quantum for payment of costs and the requirement for permission to enforce further costs orders.
Financial remedy proceedings concluded in summer 2019 with joint lives maintenance. Two subsequent costs orders were made against W in October 2019 and January 2021. In June 2023, H applied to enforce such orders. HHJ Oliver determined £62,019.97 was due under the 2019 and 2021 costs orders, ordering W to pay £50 pcm (deducted by H from W’s maintenance) and requiring H to seek leave of the court to enforce two further costs orders made against W.
H appealed the payment rate and the requirement for permission to enforce the further costs orders.
Before the hearing, W offered £500 pcm, citing a material change as she had ceased payments to her mother of £300 pcm. Cusworth J rejected this as a material change; payments made to W’s mother were voluntary.
H argued the offer was insufficient to reduce the debt and would not cover the interest accrued. H, citing Loson v Stack [2018] EWCA Civ 803, emphasised the need for the court to recognise creditor interests and a reasonable repayment timeframe.
Cusworth J, cautious of the findings made by HHJ Oliver as to W’s ability to pay, and reminding himself he should be slow to interfere with such findings (Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5), determined as W was now offering more than HHJ Oliver had assessed, in all the circumstances he should assess the amount going forward.
The court ordered £700 pcm deduction from W's maintenance for the £62,019.97 debt. Additional costs orders would be paid at the same rate after the first order's discharge to avoid further litigation.
Given the longevity of repayment, Cusworth J warned against further applications for costs resulting from the appeal.
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