F v M [2025] EWFC 138 (B) (29 April 2025)

F v M [2025] EWFC 138 (B) (29 April 2025)

F's conduct in litigation, including unreasonable denial of proven allegations and reprehensible manner of contesting sexual abuse allegations, justified a departure from the usual rule on costs. The quantum of costs claimed by M was reasonable and proportionate, and F should pay M's costs in full.

Citation
[2025] EWFC 138 (B)
Parties
Applicant: F; First Respondent: M
Jurisdiction
England and Wales
Judgment Date
29 April 2025
Procedural Posture
Family Law Costs Determination / Post Fact Finding Hearing; Costs Judgment
Outcome
Costs order in favour of M; F to pay M's costs in full.
Legal Topics
Costs Orders, Litigation Conduct, Fact Finding Hearings, Child Welfare
Family Law Costs Orders Litigation Conduct Fact Finding Hearings Child Welfare

Case Brief

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Parties

F

Applicant

M

First Respondent

Procedural Posture

Family Law Costs Determination / Post Fact Finding Hearing; Costs Judgment

Legal Issues

  1. 1 Whether the Applicant's (F's) litigation conduct justifies a departure from the usual rule on costs in family proceedings
  2. 2 Whether the quantum of costs claimed by the Respondent (M) is reasonable and should be awarded in full

Ratio Decidendi

F's conduct in litigation, including unreasonable denial of proven allegations and reprehensible manner of contesting sexual abuse allegations, justified a departure from the usual rule on costs. The quantum of costs claimed by M was reasonable and proportionate, and F should pay M's costs in full.

Court Disposition

Costs order in favour of M; F to pay M's costs in full.

Orders

  • F to pay M's costs of £40,180 within 21 days after the consent order is given, from the proceeds of sale held by M's solicitors.