Family Flyer 87

Litigation Misconduct Results in Order Below Guilty Spouse’s “Reasonable Needs”

an analysis of the Court of Appeal decision in Rothchild v De Souza [2020] EWCA Civ 1215


The appeal by the Husband against the financial remedy order of Cohen J was dismissed. The costs of the proceedings (described as being conducted on a “massive scale” and “most destructive”) by the end of the Court of Appeal and a lengthy first instance hearing amounted to over £1m with the Court of Appeal agreeing with W’s counsel’ submission, as already found by Cohen J., that but for H’s litigation misconduct those costs would have been a fraction of that amount.

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