D, Re (Costs of Appeal: Application to Vary or Revoke Order) [2023] EWHC 1244 (Fam) (24 May 2023)

D, Re (Costs of Appeal: Application to Vary or Revoke Order) [2023] EWHC 1244 (Fam) (24 May 2023)

The court has jurisdiction under FPR 2010 r.4.1(6) to vary or revoke a final costs order, but the applicant failed to demonstrate a material change in circumstances or other sufficient basis to justify varying or revoking the order. The mother's financial difficulties and increased cost of living were known or...

Source-derived case information.

Citation
[2023] EWHC 1244 (Fam)
Parties
Applicant: Mr K; Respondent: Ms E
Jurisdiction
England and Wales
Judgment Date
24 May 2023
Procedural Posture
Children Act 1989 Private Law Appeal (costs) / Application to Vary or Revoke Costs Order Following Appeal
Outcome
Application dismissed
Legal Topics
Costs Orders, Variation or Revocation of Orders, Appellate Jurisdiction, Children Act 1989 Proceedings, Enforcement of Costs, Jurisdiction Under FPR 2010 R.4.1(6)
Family Law Civil Procedure Costs Orders Variation or Revocation of Orders Appellate Jurisdiction Children Act 1989 Proceedings Enforcement of Costs Jurisdiction Under FPR 2010 R.4.1(6)

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Parties

Mr K

Applicant

Ms E

Respondent

Procedural Posture

Children Act 1989 Private Law Appeal (costs) / Application to Vary or Revoke Costs Order Following Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction under FPR 2010 r.4.1(6) to vary or revoke a final costs order in appellate proceedings
  2. 2 Whether there has been a material change of circumstances or other basis to justify varying or revoking the costs order
  3. 3 Whether enforcement of the costs order should be suspended or made subject to leave of the court

Ratio Decidendi

The court has jurisdiction under FPR 2010 r.4.1(6) to vary or revoke a final costs order, but the applicant failed to demonstrate a material change in circumstances or other sufficient basis to justify varying or revoking the order. The mother's financial difficulties and increased cost of living were known or foreseeable at the time of the original order, and the impact on the child's welfare does not constitute a material change. The application to suspend enforcement was also refused.

Court Disposition

Application dismissed

Orders

  • No variation or revocation of the costs order; original order stands
  • No order suspending enforcement or requiring leave to enforce