T (A Child)

T (A Child)

The general proposition against costs orders in family proceedings does not apply to bespoke fact-finding hearings where serious allegations are made and not established. The judge should have started with a clean sheet and, given the exoneration of the grandparents and the severe nature of the allegations, the local authority should pay their costs.

Parties
Appellants: Paternal Grandparents; First Respondent: Kingston-Upon-Hull City Council (Local Authority); Second Respondent: Father
Jurisdiction
England and Wales
Judgment Date
18 November 2010
Procedural Posture
Appeal (civil) / Appeal From Refusal of Costs Order After Fact Finding Hearing in Care Proceedings
Outcome
Appeal allowed
Legal Topics
Costs in Family Proceedings, Fact Finding Hearings, Public Law Children Cases
Family Law Civil Procedure Costs in Family Proceedings Fact Finding Hearings Public Law Children Cases

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Parties

Paternal Grandparents

Appellants

Kingston-Upon-Hull City Council (Local Authority)

First Respondent

Father

Second Respondent

Procedural Posture

Appeal (civil) / Appeal From Refusal of Costs Order After Fact Finding Hearing in Care Proceedings

Legal Issues

  1. 1 Whether the general proposition of no order as to costs in family proceedings applies to costs of a fact-finding hearing in care proceedings where allegations are not established against interveners
  2. 2 Whether the judge exercised his discretion correctly in refusing costs to exonerated interveners

Ratio Decidendi

The general proposition against costs orders in family proceedings does not apply to bespoke fact-finding hearings where serious allegations are made and not established. The judge should have started with a clean sheet and, given the exoneration of the grandparents and the severe nature of the allegations, the local authority should pay their costs.

Court Disposition

Appeal allowed

Orders

  • Local authority to pay the costs of the grandparents of and incidental to their intervention, to be assessed on the standard basis in default of agreement