||All England Reporter
|| All ER (D) 31 (Nov)
|| EWHC 2482 (Fam)
||Nicholas Yates QC for H.
||Tim Amos QC for W.
||Edward Davies for B Ltd.
||11 October 2016
Divorce - Financial provision - Consent order - Husband (H) successfully applying to set aside consent order on grounds of wife's (W) material non-disclosure - H applying for costs order against W - Whether costs should be awarded - Whether costs should be assessed on indemnity basis - CPR 44.2 - FPR 28.3
Divorce Financial provision. The Family Division held that a husband (H) who had successfully applied to set aside a consent order in divorce proceedings, on the grounds of the wife's (W) material non-disclosure, was entitled to 50% of his costs of that application, to be assessed on an indemnity basis. In the circumstances, both parties' conduct justified that award, which included a substantial discount on the grounds that no findings of fraud had been made against W; she had made a sensible offer to settle some two years before the matter concluded; and, in the course of proceedings, H had leaked confidential information about the case to the national press.
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