MS v HW & Anor (Costs)

MS v HW & Anor (Costs)

The father's decision to abandon the 2020 schedule of facts and reopen previously adjudicated matters amounted to unreasonable litigation conduct, significantly contributing to the costs of the hearing. Therefore, the court exercises its discretion to order the father to pay 35% of the mother's counsel's fees for the final hearing.

Parties
Applicant: MS; 1st Respondent: HW; 2nd Respondent: AW
Jurisdiction
England and Wales
Judgment Date
09 November 2025
Procedural Posture
Family / Costs Judgment Following Final Hearing
Outcome
Costs order in favour of the applicant (mother) against the 1st respondent (father)
Legal Topics
Costs in Private Family Proceedings, Fact Finding Hearings, Child Arrangements
Family Law Costs in Private Family Proceedings Fact Finding Hearings Child Arrangements

Case Brief

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Parties

MS

Applicant

HW

1st Respondent

AW

2nd Respondent

Procedural Posture

Family / Costs Judgment Following Final Hearing

Legal Issues

  1. 1 Whether the father should pay the mother's costs of the fact-finding hearing
  2. 2 Extent of unreasonable litigation conduct justifying a costs order

Ratio Decidendi

The father's decision to abandon the 2020 schedule of facts and reopen previously adjudicated matters amounted to unreasonable litigation conduct, significantly contributing to the costs of the hearing. Therefore, the court exercises its discretion to order the father to pay 35% of the mother's counsel's fees for the final hearing.

Court Disposition

Costs order in favour of the applicant (mother) against the 1st respondent (father)

Orders

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