Medlon and Medlon (No 5)

The case of Medlon and Medlon (No 5) involved a dispute between the parties regarding the wife's appeal, which had been deemed abandoned due to her failure to file a draft appeal index within the prescribed time. The appeal was initially struck out by the husband, but this decision was rendered moot when the wife filed an application to reinstate the appeal, which was opposed by the husband. The wife's conduct during the proceedings, including terminating her telephone link with the court, resulted in her being ordered to provide written submissions in response to the husband’s submissions. The wife's grounds of appeal were found to lack merit, and the proposed further evidence did not demonstrate any appealable error.

The court considered the consequences for both parties if the application for reinstatement was granted or refused. Despite the wife's impecuniosity, the court found that it was not a bar to a costs order when the circumstances justified it. Given the lack of merit in the appeal and the futility of reinstating it, the court dismissed the application to reinstate the appeal and ordered the wife to pay the husband's costs on a party/party basis. The husband's application for indemnity costs was dismissed as there were no exceptional circumstances that warranted such an order.

In summary, the court dismissed the application for reinstatement of the appeal, dismissed the husband's application to strike out the Notice of Appeal, and ordered the wife to pay the husband's costs on a party/party basis. The husband's application for indemnity costs was also dismissed.