M v F [2016] EWHC B12 (Fam) (25 July 2016)

M v F [2016] EWHC B12 (Fam) (25 July 2016)

The mother, acting in a representative capacity for the child and lacking resources, succeeded in obtaining an award not available without litigation. The clean sheet approach applies, and it would be unfair for her solicitors to bear the costs. The father is ordered to pay the mother's costs, subject to assessment...

Source-derived case information.

Citation
[2016] EWHC B12 (Fam)
Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
25 July 2016
Procedural Posture
Schedule 1 Children Act Proceedings / Costs Determination Following Final Order
Outcome
Father ordered to pay mother's costs, subject to assessment and credit for amounts already paid.
Legal Topics
Costs in Schedule 1 Proceedings, Children Act 1989, Costs Discretion, Clean Sheet Approach
Family Law Costs in Schedule 1 Proceedings Children Act 1989 Costs Discretion Clean Sheet Approach

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Schedule 1 Children Act Proceedings / Costs Determination Following Final Order

Legal Issues

  1. 1 Whether the father should pay the mother's costs beyond amounts already paid
  2. 2 Application of costs principles in Schedule 1 Children Act proceedings

Ratio Decidendi

The mother, acting in a representative capacity for the child and lacking resources, succeeded in obtaining an award not available without litigation. The clean sheet approach applies, and it would be unfair for her solicitors to bear the costs. The father is ordered to pay the mother's costs, subject to assessment and credit for amounts already paid.

Court Disposition

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

Orders

  • Father to pay mother's costs, subject to assessment.
  • Father to receive credit for costs already paid under earlier orders.