Background:
Husband failed to provide his Form E by the date ordered. This necessitated a D11 application to be made to enforce compliance. The Wife was successful, and costs were awarded in her favour.
Prior to the final hearing, the Wife had to make a further D11 application to the court due to the Husband’s failure to provide further evidence. The evidence was provided one day before the hearing listed to hear the application. Costs were reserved to be determined at the final hearing.
At the final hearing, it was raised that the Husband had failed to comply with the previous court order and not provided any of his evidence, including his section 25 statement.
Key issues:
- The only real issue in the matter was who should retain the tenancy of the former matrimonial home.
- The matter had been listed for a one day final hearing.
- The Husband was previously legally represented but days before the hearing, a notice of acting in person was filed. There were allegations of domestic abuse and therefore Husband would not have been able to cross examine the Wife. A QLR (Qualified Legal Representative – an advocate appointed by the court solely for cross examination) should have been appointed.
- The Judge determined that the final hearing could not go ahead due to the lack of evidence and the issue as to cross-examination.
- A third costs application was made on behalf of the Wife in court for the wasted costs of the final hearing that was ineffective.
Outcome:
- The Judge used the hearing as an FDR to avoid wasting time and in an attempt to reach a settlement.
- The parties were able to agree that the Wife should retain the tenancy and the matter was settled.
- The Wife was successful on her previous application for costs, as well as her application for costs of the ineffective final hearing, meaning three costs orders were made in her favour.
For assistance with Financial Remedies, contact clerks@anvilchambers.co.uk