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A reminder that the courts have wide discretion when awarding costs: AB v CD [2016] EWHC 2482
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This article looks at the outcome of the costs hearing in the long running case of
AB v CD [2016] EWHC 2482. The general rule in relation to costs in family financial remedy proceedings is ‘no order’ thus each party pays their own costs. Certain applications are exempt from the ‘no order’ rule in which case the court can use its discretion when making an order as to costs.
In this case H made a successful application to set aside the consent order but when considering costs the judge ordered that W should pay only 50% of H’s costs.
The background facts
By way of background the parties met in 2006 were married in November 2008 and were no longer living together by June 2009. On H’s case the marriage lasted just 7 months; on W’s case the marriage came to an end in July 2010. By March 2012 AB and CD had reached an agreement in respect of the finances which was reflected within the consent order dated 10 April 2012 (the ‘consent order’). Under the terms of the consent order...
Read the full article here.
