Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Court not yet willing to determine issue of costs in judicial separation proceedings
|
or click here to request site subscription to search and view all judgments |
High Court refuses to make an order for costs against the applicant in discontinued judicial separation proceedings, on the grounds, inter alia, that as there are new related proceedings, making such an order would be inimical to the prospect of settling the matter and it would therefore be better to determine the issue at a later date.
Family law - respondent's application for costs in respect of discontinued judicial separation proceedings - other, related proceedings still before Courts - Ord. 26, r. 1 of the Rules of the Superior Courts - whether applicant in discontinued proceedings must pay costs - whether proceedings discontinued because matter now academic or whether discontinuation an admission of defeat - Court holds that it is not necessary to determine whether Ord. 26, r. 1 mandatory as that can be done at later date - Court reluctant to make costs order at interlocutory stage as this is inimical to prospects of settlement - Court not willing to determine issue when stay would be granted in any event.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
