KS v ND (Schedule 1: Appeal: Costs)

KS v ND (Schedule 1: Appeal: Costs)

The District Judge's approach to school fees and costs was reasonable; the mother could meet the shortfall from her resources and maintenance. The appeal on both school fees and costs is dismissed. On appeal, costs should follow the event, and the father is entitled to costs, assessed at £13,000, payable in...

Source-derived case information.

Parties
Appellant: KS; Respondent: ND
Jurisdiction
England and Wales
Judgment Date
12 March 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Schedule 1 Children Act 1989, Child Maintenance, School Fees, Costs, Appeal Procedure
Family Law Schedule 1 Children Act 1989 Child Maintenance School Fees Costs Appeal Procedure

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Summary, issues, holding and outcome

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Parties

KS

Appellant

ND

Respondent

Procedural Posture

Appeal / Judgment

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 not making an award of costs in favour of the mother

Ratio Decidendi

The District Judge's approach to school fees and costs was reasonable; the mother could meet the shortfall from her resources and maintenance. The appeal on both school fees and costs is dismissed. On appeal, costs should follow the event, and the father is entitled to costs, assessed at £13,000, payable in instalments.

Court Disposition

Appeal dismissed

Orders

  • Mother to pay father £13,000 in costs, in 26 monthly instalments of £500 commencing 1 April 2013, deductible from maintenance payments while child support award is in force