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

Guideline Hourly Rates on Costs: Addendum

In KS v VS (Judgment – Summary Assessment of Costs – Civil Guide) [2024] EWHC 278 (Fam) (12 February 2024), Arbuthnot J referred to H v GH [2023] EWFC 235 and the question raised by DHCJ Simon Colton KC as to the relevance or otherwise of the guideline hourly rates.

• Blog

• Guideline Hourly Rates
• Costs

• Richard Tambling

!15/02/2024 07:43

Xanthopoulos v Rakshina [2024] EWCA Civ 1008 February 2024

Bean, King and Moylan LJJ. Costs judgment following the H’s successful appeal, during which the court considered applications for costs made by both parties and an LSPO previously made.

• Cases

• Costs
• Legal Services Payment Orders

• Rebekah Batt

KS v VS [2024] EWHC 278 (Fam)12 February 2024

Arbuthnot J. Costs judgment following a ruling in favour of the H on his application for a stay of divorce and financial remedy proceedings in this jurisdiction in favour of proceedings in Monaco. Arbuthnot J considers whether the Guide to the Summary Assessment of Costs should be considered when discussing costs in family cases.

• Cases

• Costs

• Rebekah Batt