N (A Child), Re [2009] EWHC 2096 (Fam) (6 August 2009)

N (A Child), Re [2009] EWHC 2096 (Fam) (6 August 2009)

No order as to costs for both disclosure and section 8 issues due to the nature of family proceedings, the need to avoid exacerbating parental tensions, and lack of sufficient justification for adverse costs orders despite some unreasonable conduct. Leave to appeal refused for both parties as no grounds with real prospect of success were identified or argued.

Citation
[2009] EWHC 2096 (Fam)
Parties
Applicant: A; First Respondent: G; Second Respondent: N (by his guardian, CP)
Jurisdiction
England and Wales
Judgment Date
06 August 2009
Procedural Posture
Family Law Child Proceedings / Post Judgment, Costs, Leave to Appeal, and Section 91(14) Applications
Outcome
No order as to costs; leave to appeal refused for both parties; extension of time for appeal granted; directions for section 91(14) applications to be listed for hearing.
Legal Topics
Disclosure of Documents, Costs in Family Proceedings, Leave to Appeal, Section 91(14) Children Act 1989, Consent Orders, Litigants in Person, Mc Kenzie Friends
Family Law Child Law Civil Procedure Disclosure of Documents Costs in Family Proceedings Leave to Appeal Section 91(14) Children Act 1989 Consent Orders +2 more

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Parties

A

Applicant

G

First Respondent

N (by his guardian, CP)

Second Respondent

Procedural Posture

Family Law Child Proceedings / Post Judgment, Costs, Leave to Appeal, and Section 91(14) Applications

Legal Issues

  1. 1 Whether costs should be awarded in family proceedings involving children
  2. 2 Interpretation and application of Family Proceedings Rules 1991 Part XI (Disclosure)
  3. 3 Leave to appeal requirements under CPR 52.3(6)

Ratio Decidendi

No order as to costs for both disclosure and section 8 issues due to the nature of family proceedings, the need to avoid exacerbating parental tensions, and lack of sufficient justification for adverse costs orders despite some unreasonable conduct. Leave to appeal refused for both parties as no grounds with real prospect of success were identified or argued.

Court Disposition

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

Orders

  • No order on Applicant Father's Request for Leave to Disclose.
  • Dismissal of 1st and 2nd Respondents' applications for restrictions on Applicant's disclosure to GMC.