News: Permission to appeal refused in financial remedy case
The wife in the case had been awarded £100,000 towards her legal costs, after successfully claiming that her former husband had been guilty of “extreme litigation misconduct in giving misleading and false disclosure; in failing to comply with orders; and in raising and pursuing issues unreasonably”.
Her counsel argued in her application for permission to appeal that this was not a fair award as it meant she would not receive the full 55 per cent of the marital assets awarded to her.
However, Mr Justice Mostyn said this argument did not take into account the disparity in the costs incurred by the husband (£124,472) versus the considerably higher costs incurred by the wife (£365,564). Once each party had made an already defined contribution to the other’s costs, the husband, in light of the finding against him, should pay the difference in the costs incurred by each. This came to £96,044.
The judge said this would be a useful approach to take in future cases in which there is a significant difference in legal costs incurred.
Share this post
Get free family law updates
Marilyn Stowe’s new book: expert advice on all aspects of divorce, just 99p!
Divorce & Splitting Up by Marilyn Stowe is the essential how-to book for anyone who is getting divorced or splitting up from a partner. Read more >>
"A must buy that really opens your eyes to what is involved if you are considering or going through a divorce." - Amanda Brown
"This will answer your questions in a way that non-lawyers can understand." - Miss P.
"Don't get divorced without it. I read this book despite being divorced for more than 10 years. I wish I'd had this book to hand at the time. Great examples, simple to read and understand." - Jamie
"This really has helped me to see that there is light at the end of the tunnel and I will come out of it a stronger person." - J
Marilyn Stowe on SKY News & ITV This Morning
- Paul on Young people feel pressured into expensive weddings, Work and Pensions Secretary claims
- Paul on English family law à la française by guest blogger Melanie Bataillard-Samuel
- Paul on Why are people violent towards their partners? by John Bolch
- u6c00 on What family lawyers were talking about this week… by John Bolch
- Andrew on Young people feel pressured into expensive weddings, Work and Pensions Secretary claims
Subscribe & Follow
In the Media
Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
Contact Stowe Family Law
These downloads accompany Marilyn Stowe's latest book: Divorce & Splitting Up: Advice From a Top Divorce Lawyer. After opening, right click to save to your computer.
For more free downloads, visit the Downloads section.