CA-2024-000509 - [2025] EWCA Civ 1071

Fecha: 07-Ago-2025

This is a judgment of the Court

This is a judgment of the Court:

This is the Appellant’s application for costs, his appeal against the order of Francis J of 20 March 2025 having been allowed and the matter remitted to the High Court for an assessment of the Appellant’s needs.

The Appellant seeks orders for costs as follows:

The Respondent shall pay the Appellant’s costs of and associated with this appeal summarily assessed on the indemnity basis at £120,522 by 13 August 2025.

ii)

Paragraph 5 of the Costs Order of 20 March 2025 be set aside and the Respondent repay to the Appellant the sum of £75,000 by 13 August 2025.

iii)

The Respondent pay to the Appellant the costs incurred up to and including 20 March 2025, summarily assessed on the indemnity basis in the sum of £474,318 by 13 August 2025.

The Respondent, whilst accepting in principle that she must pay the costs of the appeal, strongly opposes the application that any costs should be assessed on an indemnity basis and seeks to postpone/delay payment of any of the costs for which she is now liable as follows:

The Respondent shall pay the Appellant’s costs of the 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 sum shall not become payable by the Respondent until the later of the following:

In the event any application for permission to appeal is refused, 14 days after the determination of the Appellant’s remitted needs assessment in the High Court; or

In the event any application for permission to appeal to the Supreme Court is granted, as determined by order of that Court following conclusion of that appeal.

ii)

The costs of the hearings below (including the Appellant’s application to set aside the costs order of 20 March 2025) shall be considered at the conclusion of the hearing to determine the Appellant’s remitted needs.