K v W (Respondent’s costs on application for permission to appeal)
[2023] EWFC 300 (B)
SP v DM (Costs)
6 October 2023
[2023] EWHC 2482 (Fam)
High Court
Mom appealed a court decision, but the judge said the appeal was bad and not important. Even though Mom is poor, she has to pay some of Dad's legal bills because her appeal wasted his time and money.
Key Facts
- •Mother appealed Recorder Wood KC's order.
- •Father successfully resisted the appeal.
- •Mostyn J granted permission to appeal on some grounds, but with reservations.
- •The appeal was deemed unmeritorious by Sir Jonathan Cohen.
- •Significant disparity in costs incurred by both parties (£17,200 for father vs. nearly £60,000 for mother).
- •Mother has significant financial difficulties.
Legal Principles
General principle against costs orders in children's cases; however, conduct of parties on appeal, particularly in light of known facts and reasons, can be relevant.
Re S (A Child) (Costs: Care Proceedings) [2015] UKSC 20, paragraph 29
Grant of permission to appeal is not conclusive on the issue of costs; it is a cursory exercise often conducted without respondent submissions.
Judge's own reasoning
Outcomes
Mother ordered to pay 62.5% of father's costs (£10,750).
Appeal was unmeritorious; father would suffer greater injustice if left to bear all costs; mother's financial difficulties considered but outweighed by fairness to father.