N (A Child), Re

N (A Child), Re

Despite unreasonable conduct by the father in parts and in scale, the court exercised its discretion to make no order as to costs for both the section 8 and disclosure issues, considering the overall circumstances, the need to avoid exacerbating parental conflict, and the fact that both parties had made unsuccessful applications. The court refused leave to appeal to both parties, as no grounds with real prospect of success were identified or, in the father's case, even provided.

Parties
Applicant (father): A; First Respondent (mother): G; Second Respondent (child): N (by his guardian, CP)
Jurisdiction
England and Wales
Judgment Date
06 August 2009
Procedural Posture
Family / Post Judgment; Costs, Section 91(14) Children Act 1989 Applications, and Leave to Appeal
Outcome
No order as to costs for both section 8 and disclosure issues; applications for leave to appeal refused; section 91(14) applications to be listed for hearing; extension of time for appeal granted to both parties.
Legal Topics
Costs in Family Proceedings, Disclosure of Documents, Section 91(14) Children Act 1989, Leave to Appeal, Litigants in Person, Mc Kenzie Friends
Family Law Child Law Costs in Family Proceedings Disclosure of Documents Section 91(14) Children Act 1989 Leave to Appeal Litigants in Person Mc Kenzie Friends

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Parties

A

Applicant (father)

G

First Respondent (mother)

N (by his guardian, CP)

Second Respondent (child)

Procedural Posture

Family / Post Judgment; Costs, Section 91(14) Children Act 1989 Applications, and Leave to Appeal

Legal Issues

  1. 1 Whether costs should be awarded in family proceedings involving children
  2. 2 Appropriate order for costs where parties are litigants in person
  3. 3 Entitlement to costs for McKenzie friends/advocates without formal legal qualification

Ratio Decidendi

Despite unreasonable conduct by the father in parts and in scale, the court exercised its discretion to make no order as to costs for both the section 8 and disclosure issues, considering the overall circumstances, the need to avoid exacerbating parental conflict, and the fact that both parties had made unsuccessful applications. The court refused leave to appeal to both parties, as no grounds with real prospect of success were identified or, in the father's case, even provided.

Court Disposition

No order as to costs for both section 8 and disclosure issues; applications for leave to appeal refused; section 91(14) applications to be listed for hearing; extension of time for appeal granted to both parties.

Orders

  • No order as to costs for section 8 issues
  • No order as to costs for disclosure issue