Case No. TA20J00001
Family Court

Case No. TA20J00001

Fecha: 17-May-2022

Mr Justice Peel :

1.H seeks a costs order against W in the sum of £450,000. 2.By my judgment I ordered H to pay W £750,000 of which £237,000 was to clear her net liabilities, mainly comprising unpaid legal costs. H had already paid £400,000 of W’s costs. The net effect of my judgment, therefore, is that H will be responsible for all of W’s costs in the sum of £619,000 unless any costs order is made to disturb that outcome. I made clear in my judgment that I intended to proceed on a needs based analysis for W, and consider costs subsequent to my judgment. I canvassed that approach with leading counsel for the parties during the hearing, and both agreed. 3.As is well known, the starting point for costs in financial remedy proceedings is that each party should bear their own costs. By FPR 2010 28.3(6) the court may depart from the starting point and make a costs order against one, or other, or both parties. Factors to be taken into account are listed at 28.3(7) and include:“(b) any open offer to settle made by a party;(c) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;(e) any other aspect of a party's conduct in relation to proceedings which the court considers relevant; and(f) the financial effect on the parties of any costs order.”4.Rule 4.4 of Practice Direction 28A states that: “The court will take a broad view of conduct for the purposes of this rule and will generally conclude that to refuse openly to negotiate reasonably and responsibly will amount to conduct in respect of which the court will consider making an order for costs. This includes in a ‘needs’ case where the applicant litigates unreasonably resulting in the costs incurred by each party becoming disproportionate to the award made by the court”.5.In