MB v KB & Ors (Costs)

MB v KB & Ors (Costs)

There was no reprehensible behaviour or unreasonable stance by the father; the mother’s removal of the children necessitated proceedings. Expert and translation costs were necessary and should be shared equally. No costs order for the Home Office disclosure application as it was not unreasonable.

Parties
Applicant: MB; First Respondent: KB; Second Respondent: AB; Third Respondent: BB
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family / Costs Ruling After Judgment
Outcome
No order as to costs generally; expert and translation costs to be shared equally; legal aid assessment for Guardian’s costs.
Legal Topics
Costs, Summary Return, Expert Evidence, Translation Costs, Disclosure Application
Family Law Child Abduction Costs Summary Return Expert Evidence Translation Costs Disclosure Application

Case Brief

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Parties

MB

Applicant

KB

First Respondent

AB

Second Respondent

BB

Third Respondent

Procedural Posture

Family / Costs Ruling After Judgment

Legal Issues

  1. 1 Whether the father should pay the mother's costs of the application
  2. 2 Allocation of expert report costs
  3. 3 Allocation of translation costs

Ratio Decidendi

There was no reprehensible behaviour or unreasonable stance by the father; the mother’s removal of the children necessitated proceedings. Expert and translation costs were necessary and should be shared equally. No costs order for the Home Office disclosure application as it was not unreasonable.

Court Disposition

No order as to costs generally; expert and translation costs to be shared equally; legal aid assessment for Guardian’s costs.

Orders

  • The mother shall reimburse the father 50% of the fees of the expert on Qatari law.
  • The mother shall reimburse the father 50% of the fees for translation of documents pursuant to the order of Russell J of 9 November 2023.