Eileen Elizabeth Graham v John Simpson Graham and John Samuel Graham
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2003 |
| Neutral Citation | [2003] NIFam 14 |
| Court | Family Division (Northern Ireland) |
| Date | 03 December 2003 |
1
Neutral Citation [2003] NIfam 14 Ref:
GILC4060
Judgment: approved by the Court for handing down
Delivered:
03/12/03
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
FAMILY DIVISION
________
BETWEEN:
EILEEN ELIZABETH GRAHAM
Petitioner
and
JOHN SIMPSON GRAHAM and JOHN SAMUEL GRAHAM
Respondents
________
GILLEN J
[1] I have already given judgment on the substantive issues in this case
dealing with financial provision under Articles 25 and 26 of the Matrimonial
Causes (Northern Ireland) Order 1978 (“the 1978 Order”) and also on an
application pursuant to Article 39 of the 1978 Act.
[2] I now turn to consider the issue of costs. Mr Martin on behalf of the
petitioner submits that whilst costs are within the discretion of the court, the
general rule is that prima facie costs should follow the event. He argues that
the petitioner has been successful on all of the material matters that fell to be
determined in this case and, having achieved an award which far exceeded
any offer made by the respondents, is entitled to a full award of costs. Mr
Malcolm on behalf of the respondents argues that the justice of the case
requires that a broad brush approach be adopted to the issue of costs in this, a
large money case and that each side should bear its own costs.
THE LAW
[3] The law in Northern Ireland is different from that in England and
Wales where, by virtue of amendments made by the Family Proceedings
(Amendment) Rules 2003, the relevant provisions of the Family Proceedings
Rules 1991 govern costs. In addition the relevant parts of the Civil Procedure
Rules 1998 also govern costs in ancillary relief proceedings. In Northern
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5 cases
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N and N
...least a portion of the other side’s costs. [62] The law on costs in ancillary relief cases was dealt with by Gillen J in Graham v Graham [2004] NI 174 and H v W [2006] NIFam 16. Both of those cases were described by Gillen J as large money cases (H v W concerned assets of some £2.75 million......
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H v H
...I have already set out the law that I consider governs applications for costs in cases of ancillary relief in Graham v Graham and Another [2004] NI 174. In essence Northern Ireland costs are governed by the Family Proceedings Rules (Northern Ireland) 1996, SR 1996/322. In particular rule 1.......
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HG v LG
...whether the petitioner or the respondent were reasonable in their proposal for settlement. 188 (188) In the Irish case of Graham v. Graham 2004 NI 174 the court considered the matter of costs in a contested ancillary proceeding. It was held - “The discretion of the court was sufficiently wi......
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Ges v Kes
...discretion has ruled that the petitioner and the respondent should pay their own costs of these proceedings. 13 (13) In Graham v. Graham 2004 NI 174 the Court considered the issue of costs in a contested Ancillary proceedings. In that case the court considered the case of A v. A (Cost Order......
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