Mr Justice Mostyn, in a judgment given shortly before his retirement, looked at the issue of costs in James v Seymour [2023] EWHC 844 (Fam). Although the bulk of the judgment related to complex calculations for child maintenance claims falling outside the jurisdiction of the Child Maintenance Service, four principles relating to the costs implications of failed negotiations were endorsed. Justice Mostyn noted that they should become widely known and suggested that ‘they should be printed out and handed to all financial remedy litigants at the very beginning of every case’.
We have taken Justice Mostyn at his word and created a document, Enclosure – The cost of not negotiating, which explains these principles in plain English and their relevance in clear terms. We hope that firms will use this to help their clients understand everyone’s responsibility to enter settlement negotiations in good faith, and the repercussions of refusing to do so.
The enclosure can be found in the Getting the matter underway folder of the Financial Proceedings matter plan, which has also been amended to save time and improve efficiency.
