Re B (Children) [2007] EWCA Civ 921 (21 February 2007)

Re B (Children) [2007] EWCA Civ 921 (21 February 2007)

The indemnity costs order was set aside because it was based on the erroneous assumption that the mother had not participated in the proceedings, when in fact she had communicated with the court and provided a medical certificate. The judge's failure to consider this material rendered the costs order unjustified.

Source-derived case information.

Citation
[2007] EWCA Civ 921
Parties
Appellant: Mrs H; Respondent: Father (name not specified)
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Costs in Children Act Proceedings, Indemnity Costs, Litigant in Person, Procedural Fairness
Family Law Civil Procedure Costs in Children Act Proceedings Indemnity Costs Litigant in Person Procedural Fairness

Source-derived case record

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Parties

Mrs H

Appellant

Father (name not specified)

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the order for indemnity costs against the mother in Children Act proceedings was justified
  2. 2 Whether the judge erred in concluding the mother had not participated in proceedings

Ratio Decidendi

The indemnity costs order was set aside because it was based on the erroneous assumption that the mother had not participated in the proceedings, when in fact she had communicated with the court and provided a medical certificate. The judge's failure to consider this material rendered the costs order unjustified.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed