AS v RS and Part III Applications

Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?

• Blog

• Part III
• Costs

• Alex Curran

!22/03/2024 16:13

Williams v Williams [2023] EWHC 2479 (Fam)28 February 2024

Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E.

• Cases

• Freezing Injunctions
• Committal Applications and Judgment Summonses
• Costs
• Legal Services Payment Orders

• Liam Kelly

SP v QR [2024] EWFC 57 (B)12 March 2024

HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.

• Cases

• Housing Need
• Child Maintenance
• Needs of a Disabled Child
• Costs
• Children Act 1989 Schedule 1 Applications
• Child Support
• 'Top-up' Maintenance
• Needs
• Child's Needs

• Mahnoor Javed

Rough Justice

Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.

• Blog

• Summary Assessment
• Costs

• Andrew Hogan

!15/03/2024 11:35

Aldoukhi v Abdullah [2023] EWHC 3438 (Fam)20 December 2023

Moor J. Claim for damages in relation to breach of a Part III MFPA 1984 order and TLATA order made in 2021.

• Cases

• Sale of Property
• TLATA Applications
• Financial Remedies Court (FRC)
• Damages
• Costs
• Delayed Sale
• Valuations
• Enforcement

• Isabella Thomas-Kelly

Re Z (No 5) (Enforcement) [2024] EWFC 444 March 2024

Cobb J. Enforcement of Schedule 1 Order: freezing order, capitalisation of periodical payments for the benefit of the child, and Hadkinson order made against F who resides in the USA.

• Cases

• Foreign Assets
• Hadkinson Orders
• Freezing Injunctions
• Costs
• Children Act 1989 Schedule 1 Applications
• Duxbury Capitalisation
• International Enforcement
• Enforcement

• Liam Kelly

Applications for Leave Under MFPA 1984 Part III: Which Costs Rules Inform (or Govern)?

What costs rules apply to an application for permission/leave pursuant to the Matrimonial and Family Proceedings Act 1984, s 13?

• Blog

• Costs
• Leave Application

• Joseph Switalski

!05/03/2024 16:23

TYB v CAR (Non-Disclosure) [2023] EWFC 261 (B)16 December 2023

DDJ Hodson. What does the court do with the non-discloser? Final hearing involving a short marriage with a child almost four.

• Cases

• Non-Disclosure
• Adverse Inferences
• Disclosure
• Costs
• Form E
• Needs
• Non-Compliance

• Stephanie Coker

AS v RS (Costs: Clean Sheet/General Rule) [2023] EWFC 284 (B)6 November 2023

District Judge Troy. Costs in respect of an application for leave pursuant to s 13 Matrimonial and Family Proceedings Act 1984 are subject to ‘Clean Sheet’ rules.

• Cases

• Costs
• Overseas Divorce and the 1984 Act

• Liam Kelly

KA v LE [2023] EWFC 266 (B)29 November 2023

DDJ Mark Harrop. Final hearing in FR proceedings with consideration of relevance to findings in children proceedings that H had bullied, coerced and controlled W throughout the whole of their marriage.

• Cases

• Domestic Abuse
• Adjournment
• Conduct
• Costs

• Helen Moizer