MS v HW & Anor (Re Costs) [2025] EWFC 268 (14 April 2025)

MS v HW & Anor (Re Costs) [2025] EWFC 268 (14 April 2025)

The father's decision to abandon the 2020 schedule of facts and require a comprehensive fact-finding hearing amounted to unreasonable litigation conduct, significantly increasing the costs of the hearing. This justified an order that the father pay a proportion of the mother's costs.

Citation
[2025] EWFC 268
Parties
Applicant: MS; 1st Respondent: HW; 2nd Respondent: AW (by her Child's Guardian)
Jurisdiction
England and Wales
Judgment Date
14 April 2025
Procedural Posture
Private Family Law Child Arrangements and Costs / Judgment on Costs Application Following Fact Finding Hearing and Consent Order
Outcome
Costs order in favour of the mother (applicant) against the father (1st respondent) for part of her legal costs of the fact-finding hearing.
Legal Topics
Costs in Private Family Proceedings, Fact Finding Hearings, Litigation Conduct, Child Arrangements Orders
Family Law Costs in Private Family Proceedings Fact Finding Hearings Litigation Conduct Child Arrangements Orders

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Parties

MS

Applicant

HW

1st Respondent

AW (by her Child's Guardian)

2nd Respondent

Procedural Posture

Private Family Law Child Arrangements and Costs / Judgment on Costs Application Following Fact Finding Hearing and Consent Order

Legal Issues

  1. 1 Whether the father should pay the mother's costs of the fact-finding hearing
  2. 2 Whether the father's litigation conduct was unreasonable so as to justify a costs order

Ratio Decidendi

The father's decision to abandon the 2020 schedule of facts and require a comprehensive fact-finding hearing amounted to unreasonable litigation conduct, significantly increasing the costs of the hearing. This justified an order that the father pay a proportion of the mother's costs.

Court Disposition

Costs order in favour of the mother (applicant) against the father (1st respondent) for part of her legal costs of the fact-finding hearing.

Orders

  • The father shall pay 35% of Dr Proudman's fees for the final hearing, including VAT, totalling £14,496.30.
  • The father shall pay these costs within 28 days of receiving the sealed order.