Event and Time
Event Description
In a family law case involving a husband and wife, the husband sought indemnity costs against the wife and her former solicitors after the wife abandoned a constructive trust claim. The proceedings included arbitration and issues of costs arising from the legal representations of both parties.
Application and Claims
- The husband applied for indemnity costs against the wife, her former solicitors (Ms G and Ms H), and her former barrister (Mr Taubman).
- The wife sought to substantiate a constructive trust claim under law from Country E but was unable to provide admissible evidence.
- The husband sought costs thrown away due to the wife’s abandonment of the constructive trust claim.
- The wife contested the husband's claim for costs and sought her own costs on an indemnity basis due to the husband's unreasonable rejection of settlement offers.
Judicial Decisions
- The husband's claim for indemnity costs against the wife was dismissed; costs were awarded against the wife on a party/party basis for costs thrown away due to the abandoned claim.
- The husband’s application for costs against the wife’s former solicitors and counsel was dismissed, with indemnity costs ordered against the husband for the baseless claims against her legal representatives.
Dispute Points and Legal Basis
Dispute Points
- Husband's Arguments:
- Claimed costs were incurred due to the wife's abandoned constructive trust claim and her failure to comply with disclosure obligations. - Asserts that the wife’s conduct in advancing a legally unsupported claim warranted indemnity costs.
- Wife's Arguments:
- Contended that her claim was valid until it was conceded she could not substantiate it due to admissibility issues. - Argued that the husband's rejection of settlement offers extended litigation unnecessarily, warranting her costs.