When we are acting for parents in a dispute about a child we are often asked whether our client can recover their costs from the other parent.
This case is a perfect example of an absolute stinker of a family case:
Re K A child
Appeal against a costs order within private law proceedings
http://www.bailii.org/ew/cases/EWCC/Fam/2014/36.html
It has the works: internal relocation, prohibited steps applications, child arrangements orders, removal from the jurisdiction and in a final draft of poison, the parties end up in an appeal on costs. It is worth reading as a great reminder of why costs in Children Act cases are rarely awarded.
There are two things you need to know about costs:
1) A hearing about costs is guaranteed to suck for everyone except the lawyers.
2) See point one.
But if you MUST get involved in one then here is some stuff to know…
Children Act matters: the starting point is you cannot have your costs. Rule 28.2 Family Procedure Rules 2010 expressly disapplies the “winner gets costs paid by the loser rule” which attaches to most legal matters outside family.
But is the court IS thinking about costs, then it switches back to the Civil Procedure Rules number 44.2 which lists things the court should take into account when making a costs order (or not making one). This is a shopping list of the sensible things like “Was someone a deliberate berk during the case” (paraphrased obvs).
You should definitely refer the court and yourself to the case of RE R (A minor) [1996] EWCA Civ 1120 (5th December, 1996) http://www.bailii.org/ew/cases/EWCA/Civ/1996/1120.html
This reminds everybody that there is an ongoing relationship after a family law case and sloshing costs orders around is no help to anybody, especially not the child at the centre of the dispute.
In my judgment parties should be advised very clearly when they embark on seeking representation in private law proceedings is that it is unusual to recover costs in private law procedings.
