SB v MB (Costs)

SB v MB (Costs)

The father's deliberate camouflage of facts and unreasonable litigation conduct justified an adverse costs order; the father is directed to pay half the mother's costs, subject to detailed assessment.

Parties
Applicant: S B; Respondent: M B
Jurisdiction
England and Wales
Judgment Date
10 November 2014
Procedural Posture
Hague Convention Child Abduction Application / Post Judgment Costs Determination
Outcome
Father directed to pay half the mother's costs, subject to detailed assessment on a standard basis.
Legal Topics
Habitual Residence, Costs Orders, Litigation Conduct
Family Law International Child Abduction Habitual Residence Costs Orders Litigation Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

S B

Applicant

M B

Respondent

Procedural Posture

Hague Convention Child Abduction Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded against the father in Hague Convention proceedings
  2. 2 Whether the father's litigation conduct was unreasonable or reprehensible

Ratio Decidendi

The father's deliberate camouflage of facts and unreasonable litigation conduct justified an adverse costs order; the father is directed to pay half the mother's costs, subject to detailed assessment.

Court Disposition

Father directed to pay half the mother's costs, subject to detailed assessment on a standard basis.

Orders

  • Father to pay 50% of mother's costs incurred in response to the application, subject to detailed assessment.