Y v Z & Ors

Y v Z & Ors

Z's conduct was not reprehensible or unreasonable in the circumstances, given the complex background and his reasonable belief regarding parental responsibility; however, some criticism of his handling of the application justified an order for him to pay half of Y's costs.

Parties
1st Applicant: Y; 2nd Applicant: Z; 1st Respondent: W; 2nd Respondent: X (a minor by Her Children’s Guardian Ms Jacqueline Roddy)
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Family / Costs Determination After Withdrawal of Application
Outcome
Application for full costs refused; Z to pay half of Y's costs relating to the declaration application.
Legal Topics
Parental Responsibility, Surrogacy, Costs in Children Proceedings
Family Law Parental Responsibility Surrogacy Costs in Children Proceedings

Case Brief

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Parties

Y

1st Applicant

Z

2nd Applicant

W

1st Respondent

X (a minor by Her Children’s Guardian Ms Jacqueline Roddy)

2nd Respondent

Procedural Posture

Family / Costs Determination After Withdrawal of Application

Legal Issues

  1. 1 Whether Z should pay Y's costs relating to Z's application for a declaration of parental responsibility

Ratio Decidendi

Z's conduct was not reprehensible or unreasonable in the circumstances, given the complex background and his reasonable belief regarding parental responsibility; however, some criticism of his handling of the application justified an order for him to pay half of Y's costs.

Court Disposition

Application for full costs refused; Z to pay half of Y's costs relating to the declaration application.

Orders

  • Z to pay half of Y's costs referable to the declaration application, to be agreed or subject to detailed assessment.