C (Children), Re [2001] EWCA Civ 1508 (10 October 2001)

C (Children), Re [2001] EWCA Civ 1508 (10 October 2001)

The judge's decision to award the mother 25% of her costs, limited to the period when solicitors were instructed, was within the discretionary ambit, given the father's inflexible litigation stance and the extension of the hearing, even though the judge's language could have been more precise.

Citation
[2001] EWCA Civ 1508
Parties
Appellant: Mr C; Respondent: Mrs C
Jurisdiction
England and Wales
Judgment Date
10 October 2001
Procedural Posture
Appeal (civil) / Appeal Against Costs Order After Final Judgment in Children Proceedings
Outcome
Appeal dismissed
Legal Topics
Costs in Children Act Proceedings, Residence and Contact Orders, Judicial Discretion in Costs, Shared Parenting Applications
Family Law Civil Procedure Costs in Children Act Proceedings Residence and Contact Orders Judicial Discretion in Costs Shared Parenting Applications

Case Brief

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Parties

Mr C

Appellant

Mrs C

Respondent

Procedural Posture

Appeal (civil) / Appeal Against Costs Order After Final Judgment in Children Proceedings

Legal Issues

  1. 1 Whether the judge erred in awarding costs against the father in Children Act proceedings
  2. 2 Whether the father's conduct justified a departure from the usual rule on costs in children cases

Ratio Decidendi

The judge's decision to award the mother 25% of her costs, limited to the period when solicitors were instructed, was within the discretionary ambit, given the father's inflexible litigation stance and the extension of the hearing, even though the judge's language could have been more precise.

Court Disposition

Appeal dismissed

Orders

  • Father to pay 25% of mother's assessed costs limited to period 25 January to 2 February 2001
  • No further order as to costs