M v F (No 2)

M v F (No 2)

The mother's application was without merit and her conduct in pursuing it was unreasonable and, in some respects, reprehensible. Her solicitors, Goldfield Solicitors, acted negligently and unreasonably by failing to comply with court directions, submitting multiple statements without permission, and engaging in obstructive conduct, causing unnecessary costs. Both the mother and her solicitors are responsible for the costs incurred, and it is just to order a split of costs: 65% against the mother and 35% against Goldfield Solicitors.

Parties
Applicant: M; Respondent: F
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Family (children) / Costs Determination Following Final Hearing and Judgment
Outcome
Costs order granted against the mother and her solicitors, apportioned 65% to the mother and 35% to Goldfield Solicitors.
Legal Topics
Child Arrangements, Costs Orders, Wasted Costs, Litigation Conduct
Family Law Child Arrangements Costs Orders Wasted Costs Litigation Conduct

Case Brief

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Parties

M

Applicant

F

Respondent

Procedural Posture

Family (children) / Costs Determination Following Final Hearing and Judgment

Legal Issues

  1. 1 Whether a costs order should be made against the mother and/or her solicitors in child arrangements proceedings
  2. 2 Whether the conduct of the mother and/or her solicitors justifies a wasted costs order

Ratio Decidendi

The mother's application was without merit and her conduct in pursuing it was unreasonable and, in some respects, reprehensible. Her solicitors, Goldfield Solicitors, acted negligently and unreasonably by failing to comply with court directions, submitting multiple statements without permission, and engaging in obstructive conduct, causing unnecessary costs. Both the mother and her solicitors are responsible for the costs incurred, and it is just to order a split of costs: 65% against the mother and 35% against Goldfield Solicitors.

Court Disposition

Costs order granted against the mother and her solicitors, apportioned 65% to the mother and 35% to Goldfield Solicitors.

Orders

  • The mother shall pay 65% of the father’s costs of £36,461 plus VAT.
  • Goldfield Solicitors shall pay 35% of the father’s costs of £36,461 plus VAT.