Costs in public law children proceedings
Produced in partnership with Maud Davis of TV Edwards LLP
Costs in public law children proceedings

The following Family guidance note Produced in partnership with Maud Davis of TV Edwards LLP provides comprehensive and up to date legal information covering:

  • Costs in public law children proceedings
  • General principles
  • Recent developments
  • Fact-finding and split hearings
  • Other case law
  • Costs orders against non-parties

General principles

In children proceedings the general rule that costs will follow the event does not apply. Express statutory provision is made in the Family Procedure Rules 2010, SI 2010/2955, 28.2(1) (FPR 2010) disapplying Civil Procedure Rules 1998 (CPR), SI 1998/3132, r 44.2(2). However, CPR 44.2(4)-(5) do apply to children proceedings both at first instance and on appeal, ie that in deciding what order, if any, to make as to costs the court will have regard to all the circumstances, including:

  1. whether a party has succeeded on part of its case even if they have not been wholly successful, and

  2. the conduct of the parties, ie:

    1. conduct before, as well as during, the proceedings

    2. whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue

    3. the manner in which a party has pursued or defended its case or a particular allegation or issue, and

    4. whether a claimant who has succeeded, in whole or in part, exaggerated its claim

The CPR also applies to human rights claims connected to public law children cases. This has important implications in relation to the Legal Aid Agency’s (LAA) statutory charge, which applies if a legally aided party obtains financial compensation for any human rights breaches (see Other case law regarding costs in human rights damages cases).

In Re T