Knowledge and resources

The litigation conduct in A wife v A husband [2022] EWFC 154 prevented meaningful negotiation – but proved costly

A recent series of cases suggests there is a new imperative for out-of-court resolution in Schedule 1 cases.

In Azarmi-Movafagh v Bassiri-Dezfouli the Court of Appeal reinstated a lump sum towards the husband’s legal costs to avoid depleting housing fund.

Seven years have passed since Mostyn J said it was time to “actually do something” about disproportionate costs…

AEOs can be powerful tools to ensure payment so maintenance, but the exact rules are rigid and need to be followed carefully.

The scheduling of “Conduct: Who’s to blame and who pays?” was timely, as attendees at the previous day’s Finance Update had overwhelmingly voted the “costs cases” of 2020 and 2021 as the most important judgments of the previous 12 months.

This extraordinary case pushed family proceedings to the limits in more ways than one.

The FPRC want views from practitioners on whether Calderbank offers should be admissible in considering conduct for the purposes of r28.3 FPR. The deadline for responding is 31 October 2019. So what are the pros and cons?