Evidence, Practice and Procedure – Costs, a ‘clean sheet’, and a starting-point for costs orders

In Solomon v Solomon [2013] EWCA Civ 1095 Ryder LJ gives a welcome reminder of the Gojkovic costs decision of Butler-Sloss LJ - namely that the award of costs in family proceedings may be linked to the civil proceedings general principle: that costs follow the event (see now CPR 1998 r 44.2(2)); although he linked Gojkovic to the rather different ‘clean sheet' principle of Wilson LJ (Judge v Judge [2008] EWCA Civ 1458 [2009] 1 FLR 1287).

 Solomon was a husband's appeal against an order striking out his application to set aside a transaction (Matrimonial Causes Act 1973 s 37(2)) and a consequent order for costs. Since he was refused permission to appeal little need be said of the case. In upholding the order for costs however Ryder LJ (with whom Maurice Kay and Sullivan LJJ agreed) said:

 [22] The judge correctly stated the general rule [that in...

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