In this newly published case, June secured a rare and substantial costs order under the Children Act (CPR Part 44 does not strictly apply in such proceedings).
The long-running dispute involved the mother seeking a defined contact order while levelling unsubstantiated allegations against the father. The case spanned over a decade, with the father previously being granted care of the children and the mother ordered to pay £37,000 due to her unreasonable conduct.
The new judgment addressed whether the father should be awarded further costs and what proportion would be fair. The court highlighted the mother’s misleading statements, her refusal to engage in ADR and her failure to accept prior rulings, all of which prolonged litigation and increased the father’s legal expenses.
Though Children Act cases rarely attract costs orders, the court found her conduct exceptional. The judge reduced the costs award by 50%,factoring in expenses for supervised contact and limited progress she had made, reflecting the careful application of fairness and child welfare principles.
This judgment provides a clear message to those who enter the court arena, if your allegations are false, if your behaviour is unreasonable and if you prolong litigation unnecessarily, you could be held accountable and incur substantial costs not only for yourself but in having to meet the costs of your opponent, providing hope for those on the receiving end of such allegations.
https://www.kbwchambers.com/assets/media/XX22P0165208082025-143032.pdf