W v X (Family) 22-Jan-2021 [2021] JRC 013 (22 January 2021)

W v X (Family) 22-Jan-2021 [2021] JRC 013 (22 January 2021)

The appellant's conduct in bringing the appeal was not unreasonable or meritless, particularly regarding the central issue of affordability. A costs order would increase the appellant's debt and not be in the child's interests. The threshold for costs was not met.

Citation
[2021] JRC 013
Parties
Appellant: W; Respondent: X
Jurisdiction
Jersey
Judgment Date
22 January 2021
Procedural Posture
Family Appeal / Post Judgment Costs Application
Outcome
No order as to costs
Legal Topics
Costs in Children Proceedings, Appeals, Unreasonable Conduct
Family Law Costs in Children Proceedings Appeals Unreasonable Conduct

Case Brief

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Parties

W

Appellant

X

Respondent

Procedural Posture

Family Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 Whether an order for costs should be made against the appellant in proceedings relating to children
  2. 2 Whether the appellant's conduct was unreasonable or exceptional to justify a costs order

Ratio Decidendi

The appellant's conduct in bringing the appeal was not unreasonable or meritless, particularly regarding the central issue of affordability. A costs order would increase the appellant's debt and not be in the child's interests. The threshold for costs was not met.

Court Disposition

No order as to costs