Nowotnik v Nowotnik (Hyatt Intervening)

Subject Matter

HUSBAND AND WIFE — Divorce — Costs — Unsuccessful assisted party — Unasaisted husband successful against legally-aided wife with nil contribution — Application by husband for costs out of legal aid fund — Whether statutory conditions complied with — Legal Aid Act, 1964, s 1

[1967] P 83; [1965] 3 WLR 920; [1965] 2 All ER 618, PDA

[1967] P 83; [1965] 3 WLR 920; [1965] 3 All ER 167, CA

LEGAL AID — Costs — Act of 1964 — Divorce — Legally aided wife's petition — Nil contribution — Respondent husband not legally aided — Respondent husband successful — Application for costs against wife made after dismissal of suit — No order against wife — Application by husband for costs out of legal aid fund — Whether statutory conditions complied with — Whether “severe financial hardship” — Whether “just and equitable” to make order — Considerations for court to bear in mind when making order — Legal Aid Act, 1964, s 1

[1967] P 83; [1965] 3 WLR 920; [1965] 2 All ER 618, PDA

[1967] P 83; [1965] 3 WLR 920; [1965] 3 All ER 167, CA

Appellate History