E (Children: Costs), Re

E (Children: Costs), Re

The mother’s extreme and unfounded sexual abuse allegations against the father were of a different character from other allegations and transformed the proceedings, causing extraordinary delay and costs. The judge erred by not separating out these allegations and by failing to consider a proportionate costs order. The mother’s litigation conduct was objectively unreasonable, justifying a costs order for part of the father’s costs.

Parties
Subject: E (Children); Appellant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Costs in Children Proceedings, False Allegations, Domestic Abuse, Legal Aid, Fact Finding Hearings
Family Law Costs in Children Proceedings False Allegations Domestic Abuse Legal Aid Fact Finding Hearings

Case Brief

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Parties

E (Children)

Subject

Father

Appellant

Mother

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the mother should pay the father's costs for the fact-finding hearing in Children Act proceedings
  2. 2 Appropriate legal test for costs orders in children cases
  3. 3 Impact of false sexual abuse allegations on costs

Ratio Decidendi

The mother’s extreme and unfounded sexual abuse allegations against the father were of a different character from other allegations and transformed the proceedings, causing extraordinary delay and costs. The judge erred by not separating out these allegations and by failing to consider a proportionate costs order. The mother’s litigation conduct was objectively unreasonable, justifying a costs order for part of the father’s costs.

Court Disposition

Appeal allowed in part

Orders

  • The mother shall pay half of the father’s costs of the Children Act proceedings up to 3 July 2024, excluding costs of hearings with 'no order for costs'; enforcement only with leave of the Family Court.