SP v WR & Anor (No 2) (Costs)

SP v WR & Anor (No 2) (Costs)

SP’s conduct during the final hearing was unreasonable and reprehensible, including raising unnecessary issues, drip-feeding disclosure, and inappropriate use of professionals and the court process. This conduct justified a departure from the general rule and warranted a costs order limited to 50% of the final hearing costs, further reduced by 20% to reflect likely assessment reductions.

Parties
Applicant: SP; 1st Respondent: WR; 2nd Respondent: J (by her Children’s Guardian, Ms Melissa Ganser)
Jurisdiction
England and Wales
Judgment Date
17 June 2024
Procedural Posture
Family / Costs Judgment Following Final Judgment
Outcome
Costs order granted in part
Legal Topics
Costs in Children Proceedings, Litigation Conduct, Unreasonable Behaviour, Assessment of Costs
Family Law Costs in Children Proceedings Litigation Conduct Unreasonable Behaviour Assessment of Costs

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Parties

SP

Applicant

WR

1st Respondent

J (by her Children’s Guardian, Ms Melissa Ganser)

2nd Respondent

Procedural Posture

Family / Costs Judgment Following Final Judgment

Legal Issues

  1. 1 Whether a costs order should be made in children proceedings
  2. 2 Whether the conduct of the applicant justifies a departure from the general rule on costs
  3. 3 Assessment of the quantum of costs to be awarded

Ratio Decidendi

SP’s conduct during the final hearing was unreasonable and reprehensible, including raising unnecessary issues, drip-feeding disclosure, and inappropriate use of professionals and the court process. This conduct justified a departure from the general rule and warranted a costs order limited to 50% of the final hearing costs, further reduced by 20% to reflect likely assessment reductions.

Court Disposition

Costs order granted in part

Orders

  • SP to pay WR £24,400 in costs, assessed summarily, by 4pm on 6 September 2024.
  • Interest at 4% per annum simple on any outstanding sum after 6 September 2024.