B v B

B v B

The English court had no jurisdiction to order payment of costs relating to Hague Convention proceedings in Germany or the father's travel expenses; the costs order below was flawed both in substance and process and must be replaced with an order limited to the father's costs of the English proceedings, with a reduced payment on account.

Parties
Appellant: B (Mother); Respondent: B (Father)
Jurisdiction
England and Wales
Judgment Date
24 November 2015
Procedural Posture
Appeal (family) / Appeal Against Costs Order After Final Judgment
Outcome
Appeal allowed in part; costs order varied
Legal Topics
Costs Orders, Jurisdiction, Hague Convention, Child Abduction, Children Act 1989
Family Law Civil Procedure Costs Orders Jurisdiction Hague Convention Child Abduction Children Act 1989

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Parties

B (Mother)

Appellant

B (Father)

Respondent

Procedural Posture

Appeal (family) / Appeal Against Costs Order After Final Judgment

Legal Issues

  1. 1 Whether the English court had jurisdiction to order payment of costs relating to Hague Convention proceedings in Germany
  2. 2 Whether the costs order made by the lower court was valid and properly particularised

Ratio Decidendi

The English court had no jurisdiction to order payment of costs relating to Hague Convention proceedings in Germany or the father's travel expenses; the costs order below was flawed both in substance and process and must be replaced with an order limited to the father's costs of the English proceedings, with a reduced payment on account.

Court Disposition

Appeal allowed in part; costs order varied

Orders

  • Mother to pay father's costs of and incidental to his application for the return of the children dated 6th September 2012, heard on 10th September 2012
  • Mother to pay £3,000 on account of those costs