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

For context, it is necessary to reference two previous costs orders made on the appeals within this protracted litigation.

On 13 May 2021, this court made a costs order in the following terms:

“(6)

The Respondent (husband) do pay the Appellant (wife)'s costs of and incidental to this appeal …, with such costs to be the subject of a detailed assessment on the standard basis, unless the quantum of the same can be agreed, and the Respondent do pay to the Appellant the sum of £255,301.20 by 4pm on 20 May 2021 on account of those costs.

(7)

The Respondent do pay the Appellant's costs of and incidental to the Respondent's set aside application, with such costs to be the subject of a detailed assessment on the standard basis, unless the quantum of the same can be agreed, and the Respondent do pay to the Appellant the sum of £236,138.60 by 4pm on 20 May 2021 on account of those costs.”

On 28 March 2024, the Supreme Court made a costs order in these terms:

“1.

The Respondent (wife) pay 50% of the Appellant’s (husband’s) costs of the appeal, subject to a detailed assessment on the standard basis if not agreed, in accordance with the terms of the licence referred to at paragraph 1(a)(i) below, but that the sum shall not become payable by the Respondent to the Appellant, and interest at the applicable judgment rate shall not begin to accrue, until:

a.

90 clear days have elapsed from the later of the following events:

i.

the wife has obtained a licence authorising her to comply with this costs order (for which she shall apply as soon as reasonably practicable);

ii.

the conclusion of the detailed assessment or the date on which the quantum of the costs payable by the Respondent is agreed between the parties; or

iii.

the final determination of the wife’s substantive Part III claim (including, if permission to appeal be granted, the determination of any appeal(s) therefrom).

or

b.

further order”.