Re D (Costs of Appeal: Variation or Revocation)

Re D (Costs of Appeal: Variation or Revocation)

The court has jurisdiction under rule 4.1(6) FPR 2010 to vary or revoke a final costs order, but the mother has not demonstrated a material change in circumstances or other sufficient basis to justify variation or revocation. The original judge was aware of the financial situation, and the stresses and impact on D's welfare do not constitute new or materially changed circumstances.

Parties
Applicant: Mr K; Respondent: Ms E
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Children Act 1989 Proceedings (private Law, Appeal) / Application to Vary or Revoke Costs Order Following Appeal
Outcome
Application to vary or revoke costs order dismissed.
Legal Topics
Costs of Appeal, Variation or Revocation of Orders, Children Act 1989, Family Procedure Rules, Jurisdictional Powers
Family Law Civil Procedure Costs of Appeal Variation or Revocation of Orders Children Act 1989 Family Procedure Rules Jurisdictional Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr K

Applicant

Ms E

Respondent

Procedural Posture

Children Act 1989 Proceedings (private Law, Appeal) / Application to Vary or Revoke Costs Order Following Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction under rule 4.1(6) FPR 2010 to vary or revoke a final costs order
  2. 2 Whether there has been a material change of circumstances justifying variation or revocation of the costs order
  3. 3 Whether the welfare of the child (D) is relevant to the costs order

Ratio Decidendi

The court has jurisdiction under rule 4.1(6) FPR 2010 to vary or revoke a final costs order, but the mother has not demonstrated a material change in circumstances or other sufficient basis to justify variation or revocation. The original judge was aware of the financial situation, and the stresses and impact on D's welfare do not constitute new or materially changed circumstances.

Court Disposition

Application to vary or revoke costs order dismissed.