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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll