SP v DM (Costs)
[2023] EWHC 2482 (Fam)
K v W (Respondent’s costs on application for permission to appeal)
25 October 2023
[2023] EWFC 300 (B)
Family Court
Mom lost her appeal and had to pay Dad's legal fees because the judge asked Dad to be involved in the appeal and he won. Mom said she was broke but the judge wasn't convinced.
Key Facts
- •Mother applied for permission to appeal a District Judge's decision (initially orally, then via an appellant's notice).
- •Permission to appeal was refused.
- •Father sought a costs order against the mother for £6,021.
- •Mother claimed impecuniosity, stating she had £100 in her account and had already paid £28,000 to her counsel.
- •The court had requested the father to file a skeleton argument and attend the permission to appeal hearing.
Legal Principles
Normally, if the court requests a respondent's attendance or submissions at a permission to appeal hearing and permission is refused, the respondent's costs are allowed.
Practice Direction 30A of the Family Procedure Rules 2010
Impecuniosity is not a sufficient reason to depart from the normal costs order, unless it can be demonstrated that the impecuniosity resulted from the costs of the proceedings.
Judge's interpretation of FPR 2010
Outcomes
Father's application for a costs order against the mother was allowed.
The court had requested the father's attendance and submissions; permission to appeal was refused; the mother's impecuniosity was not deemed a sufficient reason to depart from the normal costs order; and the costs claimed were reasonable and proportionate.