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(Thorpe, Wall and Moses LJJ; Court of Appeal; 21 February 2007)
Indemnity costs, awarded against the mother for failure to comply with court orders, had been based on an erroneous conclusion that the mother had not participated in the court process in any way. Although the mother had not complied strictly with the relevant order, failing to copy her communications with the court to the father's solicitors, she had communicated with the court, and her communications with the father's solicitors had flagged up the true position. An order for indemnity costs was a most exceptional order in Children Act proceedings; the proper order was no order as to costs.
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