R and E (Children), Re (Costs) (Rev 1) [2017] EWFC B23 (24 March 2017)

R and E (Children), Re (Costs) (Rev 1) [2017] EWFC B23 (24 March 2017)

Although the applicant obtained a declaration, he failed on his monetary claims and rejected a Part 36 offer more advantageous than the judgment. The court found it would be unjust to award full costs to the local authority due to the limited success of the applicant, but ordered the applicant to pay 75% of the local authority's costs from the date of rejection of the Part 36 offer, with no order for costs prior to that date and enforcement stayed without leave due to the applicant's lack of means.

Citation
[2017] EWFC B23
Parties
Applicant: Mr MG; Respondent: D Council
Jurisdiction
England and Wales
Judgment Date
24 March 2017
Procedural Posture
Human Rights Claim Within Family Proceedings / Post Judgment, Costs and Consequential Matters
Outcome
Partial costs order in favour of the local authority; no order for costs up to 9 December 2016; applicant to pay 75% of respondent's costs thereafter, not to be enforced without leave of the court.
Legal Topics
Costs, Damages, Declarations, Part 36 Offers, Disclosure, Litigation Conduct
Family Law Human Rights Law Civil Procedure Costs Damages Declarations Part 36 Offers Disclosure +1 more

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Parties

Mr MG

Applicant

D Council

Respondent

Procedural Posture

Human Rights Claim Within Family Proceedings / Post Judgment, Costs and Consequential Matters

Legal Issues

  1. 1 Whether the applicant is entitled to costs against the local authority
  2. 2 Whether the local authority is entitled to costs following rejection of a Part 36 offer
  3. 3 Appropriate application of CPR Part 36 and Part 44 in human rights claims within family proceedings

Ratio Decidendi

Although the applicant obtained a declaration, he failed on his monetary claims and rejected a Part 36 offer more advantageous than the judgment. The court found it would be unjust to award full costs to the local authority due to the limited success of the applicant, but ordered the applicant to pay 75% of the local authority's costs from the date of rejection of the Part 36 offer, with no order for costs prior to that date and enforcement stayed without leave due to the applicant's lack of means.

Court Disposition

Partial costs order in favour of the local authority; no order for costs up to 9 December 2016; applicant to pay 75% of respondent's costs thereafter, not to be enforced without leave of the court.

Orders

  • No order for costs up to 9 December 2016.
  • Applicant to pay 75% of respondent's costs from 9 December 2016 to 27 January 2017, assessed at £4,035, enforcement stayed without leave.