K (a child), Re

K (a child), Re

The application for permission to appeal is adjourned to be heard on notice to the respondent, with directions for possible mediation. The court cannot resolve factual disputes on service and notice without further inquiry. The proportionality of continued litigation and reasonableness of costs are central, but unresolved.

Parties
Applicant: Mr G; Respondent: Miss K
Jurisdiction
England and Wales
Judgment Date
16 September 2003
Procedural Posture
Civil Appeal Family Law (costs) / Application for Permission to Appeal; Adjourned for Hearing on Notice
Outcome
Application for permission to appeal adjourned for hearing on notice; stay granted; mediation directed if requested by either party.
Legal Topics
Costs Orders, Service of Documents, Permission to Appeal, Alternative Dispute Resolution
Family Law Civil Procedure Costs Orders Service of Documents Permission to Appeal Alternative Dispute Resolution

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Parties

Mr G

Applicant

Miss K

Respondent

Procedural Posture

Civil Appeal Family Law (costs) / Application for Permission to Appeal; Adjourned for Hearing on Notice

Legal Issues

  1. 1 Whether the applicant was properly served with the schedule of costs and notice of hearing
  2. 2 Whether the costs order was properly made in the applicant's absence
  3. 3 Whether the costs claimed were reasonable and necessary

Ratio Decidendi

The application for permission to appeal is adjourned to be heard on notice to the respondent, with directions for possible mediation. The court cannot resolve factual disputes on service and notice without further inquiry. The proportionality of continued litigation and reasonableness of costs are central, but unresolved.

Court Disposition

Application for permission to appeal adjourned for hearing on notice; stay granted; mediation directed if requested by either party.

Orders

  • Application adjourned to be heard on notice to the respondent.
  • If either party requests, matter to be referred to mediation via the court's ADR Service.