M v F

The mother succeeded in achieving an award for the child that was not available without litigation. She acted in a representative capacity and has no resources. It would be unfair for her solicitors to bear the costs, and the welfare of the child would not be served by leaving the mother at risk of bankruptcy. The father should pay the mother’s costs, subject to assessment, with credit for amounts already paid.

Parties: Applicant: M; Respondent: F
Jurisdiction: England and Wales
Judgment Date: 25 July 2016
Procedural Posture: Schedule 1 Children Act Proceedings / Costs Determination After Final Judgment
Outcome: Father to pay mother's costs, subject to assessment, with credit for amounts already paid.
Legal Topics: Costs in Schedule 1 Proceedings, Children Act 1989, Costs Discretion, Clean Sheet Principle

Family Law Costs in Schedule 1 Proceedings Children Act 1989 Costs Discretion Clean Sheet Principle

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2

Parties

Applicant

Respondent

Procedural Posture

Schedule 1 Children Act Proceedings / Costs Determination After Final Judgment

Legal Issues

1 Whether the father should pay the mother's costs beyond what has already been paid in Schedule 1 Children Act proceedings

Ratio Decidendi

Court Disposition

Father to pay mother's costs, subject to assessment, with credit for amounts already paid.

Orders

Father to pay the mother’s costs, subject to assessment.
Father to receive credit for amounts already paid in respect of costs pursuant to earlier orders.