Paternal grandparents appealed against a refusal to make an order for costs in their favour against the local authority. The refusal was made in the course of care proceedings brought by the local authority in relation to two grandchildren. The applicants had intervened after allegations of child abuse, and had been represented and exonerated in a discrete hearing to establish the facts. The Court had, in accordance with usual practice declined to order costs in their favour.
Held: The appeal succeeded. Judge Dowse had failed to appreciate the true purport of the judgment in In re J, which was favourable rather than adverse to the grandparents’ application for costs.
Judges:
Wilson, Munby LJJ, Coleridge J
Citations:
[2010] EWCA Civ 1585, [2011] Fam Law 579, [2011] 1 FCR 1585
Links:
Jurisdiction:
England and Wales
Citing:
Cited – In re J (Children) (Costs of Fact-Finding Hearing) CA 26-Oct-2009
Mother and father disputed contact. The district judge held a fact finding hearing to resolve allegations of violence made by the mother and denied by the father. Most of the mother’s allegations were held to be established and she sought the costs . .
Cited by:
Appeal from – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Lists of cited by and citing cases may be incomplete.
Children, Costs
Updated: 01 September 2022; Ref: scu.428236