Y v X (Costs)

Y v X (Costs)

Mother's solicitors' repeated breaches of court orders, late filing of bundles and witness statements, and failure to explain or apologise for non-compliance constituted unreasonable and negligent conduct. However, most breaches did not causally result in wasted costs for father's solicitors, except for the breach of the order dated 2nd September 2025, for which a wasted costs award is justified. Costs for preparation of bundles and witness statement by mother's solicitors are disallowed. Father's solicitors also acted unreasonably but no wasted costs order is made against them.

Parties
Father: Y; Mother: X
Jurisdiction
England and Wales
Judgment Date
18 February 2026
Procedural Posture
Private Law Child Arrangements / Costs Judgment Following Final Hearing
Outcome
Application for wasted costs largely refused; partial wasted costs awarded against mother's solicitors; costs for certain bundles and witness statement disallowed.
Legal Topics
Costs Orders, Wasted Costs, Litigation Conduct, Child Welfare, Compliance With Court Directions
Family Law Civil Procedure Costs Orders Wasted Costs Litigation Conduct Child Welfare Compliance With Court Directions

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Parties

Y

Father

X

Mother

Procedural Posture

Private Law Child Arrangements / Costs Judgment Following Final Hearing

Legal Issues

  1. 1 Should wasted costs be awarded against mother's solicitors for breaches of court orders and unreasonable conduct?
  2. 2 Were the breaches by mother's solicitors causally linked to wasted costs incurred by father's solicitors?
  3. 3 Did father's solicitors' conduct warrant wasted costs orders against them?

Ratio Decidendi

Mother's solicitors' repeated breaches of court orders, late filing of bundles and witness statements, and failure to explain or apologise for non-compliance constituted unreasonable and negligent conduct. However, most breaches did not causally result in wasted costs for father's solicitors, except for the breach of the order dated 2nd September 2025, for which a wasted costs award is justified. Costs for preparation of bundles and witness statement by mother's solicitors are disallowed. Father's solicitors also acted unreasonably but no wasted costs order is made against them.

Court Disposition

Application for wasted costs largely refused; partial wasted costs awarded against mother's solicitors; costs for certain bundles and witness statement disallowed.

Orders

  • Mother's solicitors' costs for preparing hearing bundles for hearings on 22nd October 2024, 20th February 2025, and 22nd October 2025 disallowed (£54.90 x 3 = £164.70).
  • Mother's solicitors' costs for preparing witness statement filed on 8th October 2025 disallowed (£192.15).