Family Law Hub

Crowther v Crowther & Ors [2020] EWHC 3555 (Fam)

The husband and wife had been engaged in highly acrimonious and litigious financial remedy proceedings since late 2019. This hearing concerned the husband's application for the wife to pay, on an indemnity basis, his costs of a preliminary issue regarding the beneficial ownership of five ships and whether the couple were indebted to the second to sixth respondents. The latter issue had been settled following a payment from those respondents to the wife. Lieven J stated that the wife's conduct had been "fairly extraordinary". She had alleged a conspiracy to defraud her of millions of pounds of matrimonial assets, and then decided not to pursue those allegations, having already put the husband to enormous expense and depriving him of the chance to clear his name. It was a basic principle, said Lieven J, that fraud should not be pleaded without sufficient evidence. Where a party pleaded fraud, and then withdrew that claim, the argument that they should pay the other party's costs was even stronger than in the withdrawal of other types of claim. The wife would pay the husband's costs of and occasioned by the preliminary issues on an indemnity basis.

Judgment, published: 15/01/2021

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Published: 15/01/2021

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