KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam) (12 March 2013)

KS v ND (Schedule 1: Appeal: Costs) [2013] EWHC 464 (Fam) (12 March 2013)

The District Judge's approach to school fees and costs was within his discretion and supported by the evidence; the mother could meet the school fees shortfall from her resources, and neither party's conduct justified a costs order in the mother's favour. On appeal, costs should follow the event, and the father is...

Source-derived case information.

Citation
[2013] EWHC 464 (Fam)
Parties
Appellant: KS; Respondent: ND
Jurisdiction
England and Wales
Judgment Date
12 March 2013
Procedural Posture
Appeal (family) / Judgment on Appeal From District Judge's Order
Outcome
Appeal dismissed
Legal Topics
Child Maintenance, School Fees, Costs in Family Proceedings, Schedule 1 Children Act 1989, Appeals Procedure
Family Law Child Maintenance School Fees Costs in Family Proceedings Schedule 1 Children Act 1989 Appeals Procedure

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Parties

KS

Appellant

ND

Respondent

Procedural Posture

Appeal (family) / Judgment on Appeal From District Judge's Order

Legal Issues

  1. 1 Whether the District Judge erred in requiring the mother to pay the balance of school fees
  2. 2 Whether the District Judge erred in making no order as to costs in favour of the mother

Ratio Decidendi

The District Judge's approach to school fees and costs was within his discretion and supported by the evidence; the mother could meet the school fees shortfall from her resources, and neither party's conduct justified a costs order in the mother's favour. On appeal, costs should follow the event, and the father is entitled to his costs, assessed at £13,000, payable by the mother in instalments.

Court Disposition

Appeal dismissed

Orders

  • Mother's appeal on school fees and costs dismissed
  • Mother to pay father's appeal costs of £13,000 in 26 monthly instalments of £500, deductible from maintenance payments