Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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...
Spotlight
Latest articles
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
What is a Cohabitation Agreement, and do I need one?
Many couples, despite living together, never seek to legally formalise their living and financial arrangements.  They mistakenly believe that the concept of a ‘common law’ husband and...
View all articles
Authors

FAMILY PROCEEDINGS/COSTS: Re F (Family Proceedings: Costs) [2008] EWCA Civ 938

Sep 29, 2018, 17:14 PM
Slug : re-f-family-proceedings-costs-2008-ewca-civ-938
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 10, 2008, 04:22 AM
Article ID : 87505

(Court of Appeal; Ward and Wall LJJ; 10 July 2008)

The child had suffered an injury that raised fears that he had been sexually abused: the father brought residence proceedings alleging that the mother's partner had sexually abused the child; the mother counter-charged with allegations that the father had abused the child. The injury was sufficient to trouble the child's GP, to involve social services, and lead a psychiatrist to conclude on the papers that there had been sexual abuse. A number of interlocutory orders were made, some by consent. The judge was eventually satisfied that there had been no sexual abuse, although she did find that the mother's partner had played spanking games that the child had not liked. At a costs hearing, which the father was unable to attend through illness, the judge found that the father had behaved in a harassing and totally unacceptable manner during the course of the litigation, and awarded the mother her costs on an indemnity basis, amounting to about £120,000.

The father had properly brought his concerns to court, but in the conduct of the case had gone beyond what was appropriate, however, the judge had erred in failing to take into account the fact that the mother's case had not been established. The judge ought to have ordered the father to pay one half the costs of the proceedings. Ordering indemnity costs was a condign action, and to order them throughout the duration of the proceedings without investigation had been wrong. Consent orders and compromised orders would ordinarily require an order for no order for costs, and certainly would not justify indemnity costs without investigation. The judge had been wrong to undertake an assessment on the bald facts set out in the schedule without a detailed consideration of what was a large bill for a disputed residence application; she should have ordered an assessment, not undertaken the exercise herself. The father was to pay costs assessed in the sum of £50,000.

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