F v M

F v M

F's conduct in litigation, including his failure to make reasonable concessions and the manner in which he defended the allegations, was found to be unreasonable, reprehensible, and repugnant, justifying a departure from the general rule and an order that he pay M's costs in full.

Parties
Applicant: F; First Respondent: M
Jurisdiction
England and Wales
Judgment Date
16 May 2025
Procedural Posture
Family Law Costs Application / Judgment on Principle and Quantum of Costs
Outcome
Costs order granted in full against F.
Legal Topics
Costs Orders, Litigation Conduct, Fact Finding Hearings, Child Welfare
Family Law Civil Procedure Costs Orders Litigation Conduct Fact Finding Hearings Child Welfare

Case Brief

Summary, issues, holding and outcome

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Parties

F

Applicant

M

First Respondent

Procedural Posture

Family Law Costs Application / Judgment on Principle and Quantum of Costs

Legal Issues

  1. 1 Whether the Applicant's litigation conduct justifies a departure from the general rule on costs in family proceedings
  2. 2 Whether the quantum of costs claimed by the Respondent is reasonable and payable by the Applicant

Ratio Decidendi

F's conduct in litigation, including his failure to make reasonable concessions and the manner in which he defended the allegations, was found to be unreasonable, reprehensible, and repugnant, justifying a departure from the general rule and an order that he pay M's costs in full.

Court Disposition

Costs order granted in full against F.

Orders

  • F to pay M's costs of £40,180 for the fact-finding hearing.
  • Payment to be made within 21 days after the consent order is given, from proceeds of sale held by M's solicitors.