CA-2024-001698 - [2025] EWCA Civ 1223

Fecha: 02-Oct-2025

Lord Justice Moylan, Lady Justice Falk, Lord Justice Cobb

Lord Justice Moylan, Lady Justice Falk, Lord Justice Cobb :

Introduction

On 4 September 2025, this court handed down judgment on an appeal brought by the Appellant (hereafter the ‘wife’) against the refusal of her application for leave to make an application under Part III of the Matrimonial and Family Proceedings Act 1984. That judgment is published under the neutral citation number: [2025] EWCA Civ 1136.

This short judgment deals with question of costs arising from and related to the appeal.

There is no dispute between the parties that the Respondent (‘husband’) should pay the wife’s costs of the appeal before us on a standard basis to be assessed if not agreed. It is also agreed that a licence needs to be obtained in order for this sum to be paid to the wife given that the husband is a designated person under the Russia (Sanctions) (EU Exit) Regulations 2019.

The parties are not agreed as to the following matters:

Should the order for costs which was made by this court in the earlier appeal in May 2021 (in favour of the wife) now be varied in light of the Supreme Court’s later decision (2024)? This issue has been remitted for our consideration by the Supreme Court.

ii.

Should the husband make a payment on account of the wife’s costs?

iii.

Should the husband be able to offset against his liability for costs on this appeal the sum which the wife was ordered to pay by the Supreme Court on the husband’s appeal?

iv.

How much time should the husband be given to meet any costs award given the sanctions imposed on him? He seeks 90 days from the date when the relevant licence has been obtained; the wife proposes 14 days.