Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles

COSTS: Re A (Wasted Costs Order) [2013] EWCA Civ 43

Sep 29, 2018, 21:00 PM
Slug : costs-re-a-wasted-costs-order-2013-ewca-civ-43
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Feb 13, 2013, 02:30 AM
Article ID : 101657

(Court of Appeal, McFarlane LJ, 6 February 2013)

The local authority sought a wasted costs order against the parents' solicitors in care proceedings. The Court of Appeal refused the parents permission to appeal a decision not to reopen a fact-finding investigation. The local authority contended that the solicitors' conduct amounted to improper, unreasonable or negligent litigation conduct sufficient to trigger the court's jurisdiction under s 51(6) of the Senior Courts Act 1981 to award wasted costs.

A fact-finding hearing determined the parents were responsible for a number of non-accidental injuries sustained by their child. The parents sought to reopen the investigation in light of a change of medical understanding in relation to rickets and brittle bone disease following the decision in Islington London Borough Council v Al Alas and Wray [2012] EWHC 865 (Fam), [2012] 2 FLR 1239. In Re A (Permission to Appeal Fact-Finding Judgment) [2012] EWCA Civ 1477, [2013] FLR forthcoming, permission to appeal was refused.

The local authority claimed the parents' representatives had failed inter alia in their duty to provide full and frank disclosure; the medical expert was not instructed in a manner which was in compliance with Part 25 of the FPR 2010; once the medical report was available the decision to press on with the appeal went beyond the bounds of pursuing a hopeless case and amounted to an abuse of the court process.

The words in Re McC (Care Proceedings: Fresh Evidence of Foreign Expert) [2012] EWCA Civ 165, [2012] 2 FLR 121 were entirely plain and clear that there was an obligation to seek leave from the court before instructing a fresh expert. However, the error in this regard was in no way causative of any wasted costs and if the matter had been properly approached the outcome would have been the same.

Despite litigation conduct which at times fell woefully short of that which was to be expected, none of the errors had been causative of costs being wasted by any of the opposing parties. Application dismissed.


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from