header-logo header-logo

28 March 2008
Issue: 7314 / Categories: Case law , Law reports
printer mail-detail

COSTS—WASTED COSTS—WAIVER

D v H [2008] EWHC 559 (Fam), [2008] All ER (D) 286 (Mar)

Family Division

Sumner J

19 March 2008

Where a litigant has obtained costs orders against the other party and also a wasted costs order against the other party’s solicitors in respect of the same costs, the wasted costs order cannot survive when the litigant has waived his costs orders against the other party.

Edward Cross for the solicitors.

Anthony Kefford for the husband.

Costs orders were made against the wife in the course of ancillary relief proceedings and connected proceedings in which the husband’s brother intervened to assert an interest in the former matrimonial home.

In January 2007, the husband applied for a wasted costs order against the wife’s solicitors (the firm) in respect of both sets of proceedings. The following day, the wife applied for an adjournment of the final ancillary relief hearing. The application was dismissed, the district judge ordering the firm to show cause why it should not pay the husband’s costs thereof. The husband and wife subsequently reached an agreement

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll