International Domestic Violence Case and the Use of ‘Lawfare’.

13th February 2024

Charles Hale KC, leading Julia Townend for the mother; Teertha Gupta KC for the father, all of 4PB were all involved in this case concerning the High Court’s approach to the most serious allegations of domestic violence where the mother fled the jurisdiction to be met with an abduction claim by the father.

Unusually, the mother remained in India and the proceedings were conducted as a hybrid hearing. Following serious findings against the father including anal rape, Arbuthnot J made an indemnity costs order against the father for the costs of the proceedings including hearings where he failed to attend, the judge finding that the abuse had continued during the litigation as, “lawfare” against an already abused mother.”

Read the full judgment here.