header-logo header-logo

COSTS—WASTED COSTS—WAIVER

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

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll