LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
(Court of Appeal, McFarlane LJ, Sir Stanley Burnton, 9 July 2013)
The father appealed a decision prohibiting direct contact with the two children, aged 8 and 6, and making a s 91(14) order of 5 years' duration. The father, who was a litigant in person, was ordered to pay the mother's costs following s 8 proceedings. The father was granted permission to appeal in relation to the costs issue only.
In the original judgment a number of adverse findings had been made against the father including that he had made a serious and groundless allegations against the mother which were fabricated.
The appeal was dismissed. The judge made a costs order after finding that the father's application had been unnecessary and used as a vehicle for getting at the mother despite noting that the father was of limited means. As a matter of law the judge was justified in exercising her discretion to make an order for costs and in ordering a detailed costs assessment the judge had offered protection for the father in facing an unreasonable costs bill.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...