K v W (Respondent’s costs on application for permission to appeal)

K v W (Respondent’s costs on application for permission to appeal)

Since the court requested the respondent to file a skeleton argument and attend the hearing, and permission to appeal was refused, the normal order is to allow the respondent's costs. The applicant's impecuniosity does not justify departure from this rule, especially as she accessed substantial funds for her own legal representation.

Parties
Appellant: K; Respondent: W
Jurisdiction
England and Wales
Judgment Date
23 November 2024
Procedural Posture
Family Appeal (children Act 1989) / Application for Costs Following Refusal of Permission to Appeal
Outcome
Application for costs allowed
Legal Topics
Costs on Appeal, Permission to Appeal, Children Act Proceedings
Family Law Costs on Appeal Permission to Appeal Children Act Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

K

Appellant

W

Respondent

Procedural Posture

Family Appeal (children Act 1989) / Application for Costs Following Refusal of Permission to Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to costs following refusal of permission to appeal where attendance and submissions were requested by the court
  2. 2 Whether the applicant's alleged impecuniosity is a reason to depart from the normal costs order

Ratio Decidendi

Since the court requested the respondent to file a skeleton argument and attend the hearing, and permission to appeal was refused, the normal order is to allow the respondent's costs. The applicant's impecuniosity does not justify departure from this rule, especially as she accessed substantial funds for her own legal representation.

Court Disposition

Application for costs allowed

Orders

  • The mother shall pay the father the sum of £6,021 as a summarily assessed costs order.