The husband had obstructed ancillary relief proceedings, leading to prolonged hearings. The judge ordered a gross sum in costs, without allowing the husband to be heard first.
Held: Under RSC Ord 62 r9(4) a judge could award a gross sum in lieu of taxed costs, and need not give any prior warning to the other party. The power was not subject to any formal limitation, but a judge must behave in a judicial manner. The judge here had acted within her powers and properly.
Citations:
[1987] 1 WLR 72
Jurisdiction:
England and Wales
Cited by:
Superceded – Q v Q (Family proceedings: Costs order) FD 21-Jun-2002
The provisions of the Civil Procedure Rules as to costs in Family division proceedings did not replace entirely the old rules after April 26, 1999, and the Leary case was not superceded. The requirement for summary assessment of costs for hearings . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 20 August 2022; Ref: scu.181255
