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 under which the husband agreed to pay the latter £62,000
