A costs application by the father against the mother, following his largely successful applications for child arrangements orders, specific issue orders and prohibited steps orders. There had been five contested hearings. The father cited her conduct of proceedings as relevant under CPR rule 44.2(4)(a) and (5). The mother argued that the established criteria of unreasonable or reprehensible conduct were not satisfied in this case, that it would not be just to make a costs order against her, that such an order would be to the child's detriment, and that if the court were minded to order costs, certain costs should not be included, such as the costs of and incidental to the FHDRA. HHJ Corbett, sitting as a s 9 deputy judge of the High Court, found that the mother's conduct had been unreasonable, she had barely made an effort to engage in proceedings, and a costs order, excluding the costs of the FHDRA, was entirely just. She was ordered to pay a contribution of £15,000 to the father's costs.
Published: 16/12/2020
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