FRJ stage

Costs

ADR and costs penalties in financial remedies cases

ADR and costs penalties in financial remedies cases

Historically inter partes costs orders in financial remedies proceedings have been as common as hens’ teeth, for the very simple reason that the current costs rules largely preclude them being made. Thus FPR 28.3 provides so far as is material: ‘(5) Subject to paragraph (6), the general rule in

Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/490 Moor J. Appeal in farming estoppel case with astronomical costs far exceeding the value of the property in question. The first respondent, Ms Carter, was the elder daughter of the appellant mother and second respondent father. During the parents’ financial remedy

SS v RS [2023] EWFC 32 (Fam)

https://caselaw.nationalarchives.gov.uk/ewfc/2023/32/data.pdf Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial

DP v EP (Conduct; Economic Abuse; Needs) [2023] EWFC 6

https://caselaw.nationalarchives.gov.uk/ewfc/2023/6 HHJ Madeleine Reardon. Finding of economic abuse and consideration of whether it met the level of s 25 conduct. Parties aged 49 (W) and 59 (H), married 1994, separated 2018, children adults. Marriage void for W’s bigamy, but with no findings

HD v WB [2023] EWFC 2

https://www.bailii.org/ew/cases/EWFC/HCJ/2023/2.html Peel J. Financial remedy proceedings concerning the circumstances surrounding a PNA and the weight, if any, to be attached to it. Realisable assets almost entirely in W’s name exceeded £43m. H sought for the PNA to be completely

W v H (Contested Divorce) [2022] EWFC 150

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/150.html HHJ Greensmith. H defended W’s petition for divorce. The parties were 45. H was a doctor and W a social worker. They married in Australia in 2014 and separated in 2017. They have three children. This was not

WD v MH [2022] EWFC 162

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/162.html Mr Recorder Rhys Taylor. H was 66 and W 61. Short marriage. Within judicial separation proceedings (although neither party could confirm why such were preferred to divorce), the parties agreed (the 2008 Agreement), inter alia, the following: * H to