A v R

A v R

The respondent's conduct throughout the proceedings, including repeated failure to comply with court orders, lack of engagement, and unreasonable stance, went far beyond what is reasonable. This justified a departure from the general rule of no costs in private law children proceedings, warranting a costs order against the respondent.

Parties
Applicant: A; Respondent: R
Jurisdiction
England and Wales
Judgment Date
16 November 2020
Procedural Posture
Private Law Children Proceedings (costs Application) / Post Final Hearing, Costs Determination
Outcome
Costs order granted against respondent.
Legal Topics
Costs in Private Law Children Proceedings, Unreasonable Conduct, Discretionary Costs Orders, Variation of Costs Orders, Expert Evidence Costs
Family Law Civil Procedure Costs in Private Law Children Proceedings Unreasonable Conduct Discretionary Costs Orders Variation of Costs Orders Expert Evidence Costs

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Parties

A

Applicant

R

Respondent

Procedural Posture

Private Law Children Proceedings (costs Application) / Post Final Hearing, Costs Determination

Legal Issues

  1. 1 Whether the respondent's conduct justifies a costs order in private law children proceedings
  2. 2 Whether the court can revisit a 'no order as to costs' decision from an earlier hearing
  3. 3 Whether costs of expert evidence should be included in the costs order

Ratio Decidendi

The respondent's conduct throughout the proceedings, including repeated failure to comply with court orders, lack of engagement, and unreasonable stance, went far beyond what is reasonable. This justified a departure from the general rule of no costs in private law children proceedings, warranting a costs order against the respondent.

Court Disposition

Costs order granted against respondent.

Orders

  • Respondent to pay applicant £15,000 by 31 December 2020.