N (A Child), Re [2009] EWHC 484 (Fam) (13 March 2009)

N (A Child), Re [2009] EWHC 484 (Fam) (13 March 2009)

Given that both parties succeeded and failed on important issues, neither can be said to have won overall. The fairest outcome is to make no order as to costs, leaving each party to bear their own costs.

Citation
[2009] EWHC 484 (Fam)
Parties
Applicant: G; Respondent: A
Jurisdiction
England and Wales
Judgment Date
13 March 2009
Procedural Posture
Family Law Schedule 1 Children Act 1989 Proceedings / Post Judgment Costs Determination
Outcome
No order as to costs
Legal Topics
Costs, Schedule 1 Children Act 1989, Enforcement of Financial Orders, Litigants in Person
Family Law Costs Schedule 1 Children Act 1989 Enforcement of Financial Orders Litigants in Person

Case Brief

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Parties

G

Applicant

A

Respondent

Procedural Posture

Family Law Schedule 1 Children Act 1989 Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether either party should be awarded costs in Schedule 1 Children Act 1989 proceedings following mixed success on multiple applications
  2. 2 Entitlement of litigants in person to costs
  3. 3 Appropriate approach to costs where neither party is a clear winner

Ratio Decidendi

Given that both parties succeeded and failed on important issues, neither can be said to have won overall. The fairest outcome is to make no order as to costs, leaving each party to bear their own costs.

Court Disposition

No order as to costs

Orders

  • There shall be no order as to costs in relation to the Schedule 1 proceedings since Sumner J's order on 9 December 2005.