N (A Child), Re

N (A Child), Re

Neither party can plausibly claim to have been the overall winner; both succeeded and failed on important issues. The fair, just, and reasonable outcome is that there should be no order as to costs, reflecting the reality that each party won on some but lost on other important issues.

Parties
Applicant: G; Respondent: A
Jurisdiction
England and Wales
Judgment Date
13 March 2009
Procedural Posture
Family / Post Judgment Costs Determination Following Substantive Judgment
Outcome
No order as to costs.
Legal Topics
Costs, Children Act 1989, Schedule 1 Applications, Litigants in Person, Enforcement of Financial Orders
Family Law Costs Children Act 1989 Schedule 1 Applications Litigants in Person Enforcement of Financial Orders

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Parties

G

Applicant

A

Respondent

Procedural Posture

Family / Post Judgment Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether either party should be awarded costs in Schedule 1 proceedings under the Children Act 1989
  2. 2 Whether a summary or detailed assessment of costs is appropriate
  3. 3 Entitlement of litigants in person to costs

Ratio Decidendi

Neither party can plausibly claim to have been the overall winner; both succeeded and failed on important issues. The fair, just, and reasonable outcome is that there should be no order as to costs, reflecting the reality that each party won on some but lost on other important issues.

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.