The standard practice of not awarding costs in children cases overrides the possibility of making a hardship order from Landlord. Costs orders are unusual in custody disputes and no order was to be made against the Legal Aid Board in favour of an unassisted party.
Neill LJ said: ‘In the last decade, however, it has become the general practice in proceedings relating to the custody and care and control of children to make no order as to the costs of the proceedings except in exceptional circumstances’, but it was ‘unnecessary and undesirable to try to limit or place into rigid categories the cases which a court might regard as suitable for such an award’.
Times 28-Oct-1994, Independent 21-Oct-1994,  1 FLR 259
Legal Aid Act 1988 18(4)(a)
England and Wales
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Cited – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
These lists may be incomplete.
Updated: 09 April 2021; Ref: scu.82702