Costs
Family Law – Not the Poor Relation
A paper delivered (remotely from France) by Hon Mr Justice Mostyn to the 19th National Family Law Conference, Adelaide, South Australia, on Tuesday 16 August 2022.
- Blog
- Transparency
- Rules
- Mostyn
- Costs
- Judgments
- Desert Island
- Anonymity
!25/08/2022 15:42
Security for Costs in Family Proceedings
In MG v AR [2021] EWHC 3063 (Fam), Mostyn J made an order providing security for costs. Such orders are more frequently made in civil proceedings, where ‘costs follow the event’ and costs orders are made in favour of the successful party. An a…
- Journal
- Security for costs
- Costs
!06/07/2022 07:13
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W v H (Financial Remedies: Pensions) [2021] EWFC 6314 September 2021
Recorder Salter.Modest assets. Case involved pensions, third-party property, excessive litigation costs and jurisdiction of the court to make an order for child maintenance where the care of a child was shared equally between the parties, and thus there w…
- Cases
- Child Maintenance
- Pensions on Divorce
- Cohabitation
- Jurisdiction
- Costs
Costs Orders and Childrens’ Cases
Case law establishes that unreasonableness opens the door to the making of a costs order in a children’s case, though the court will exercise a broad discretion.
- Blog
- Costs
!14/06/2022 15:18
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G v W [2022] EWHC 1101 (Fam)11 May 2022
Sir Jonathan Cohen.An appeal in Schedule 1 proceedings following Re A (Schedule 1, Overspend, Costs Clawback) ⁠[2022] EWFC 21. Permission was granted to M to appeal the decision to dismiss her claim for additional payments for a nanny, and additio…
- Cases
- Children Act 1989 Schedule 1 Applications
- Costs
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VV v VV [2022] EWFC 4617 May 2022
Peel J.Costs judgment following outcome of acrimonious and expensive financial remedy proceedings (summary here. W’s award included what H had paid already towards her legal costs (£400k) plus sufficient to discharge her outstanding legal costs (£237,000)…
- Cases
- Conduct
- Costs
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Goddard-Watts v Goddard Watts [2022] EWHC 711 (Fam)3 February 2022
Sir Jonathan Cohen.Second rehearing of W’s application for financial remedy orders, two previous orders having been set aside due to H’s non-disclosure. W’s application based on H’s knowledge at the time of the (second) judgment that he was about to recei…
- Cases
- Costs
- Disclosure
- Procedure on Non-Disclosure
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A v V [2022] EWHC 3501 (Fam)8 July 2022
Mr Justice Francis. A ‘relatively straightforward’ application pursuant to Schedule 1. F’s costs were c.£3.8m and M’s were £1.7m, despite F attending the final hearing as a litigant in person. F ran the millionaire’…
- Cases
- Costs
- Trusts
- Children Act 1989 Schedule 1 Applications
- Millionaire's Defence
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Traharne v Limb [2022] EWFC 2731 March 2022
Cohen J. Final hearing in W’s financial remedies application in which argument centred on a post-nuptial agreement (PNA) entered into by the parties shortly prior to separation. W argued that she had been subjected to coercive and controlling behaviour an…
- Cases
- Needs
- Costs
- Conduct
- Agreements
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Xanthopoulos v Rakshina [2022] EWFC 3012 April 2022
Mostyn J.Comprehensive survey of law on anonymisation of judgments; [74]–[142]. Correct question is 'Why is it in the public interest that the parties should be anonymous?' rather than 'Why is it in the public interest that the parties should be named?'…
- Cases
- Legal Services Payment Orders
- Release from Undertakings
- Publicity and Confidentiality
- Overseas Divorce and the 1984 Act
- Costs