Case

Justin Tadros, instructed by Jasmine Hollis from Beck Fitzgerald, appeared for the respondent mother (they were not the representatives at trial). The Court of Appeal allowed the appeal on costs in part and importantly confirmed at paragraphs 23 to 29 that the approach of ring-fencing and applying a different test to fact-finding hearing costs in private law (as proposed in Re J (Costs of Fact-Finding Hearing) [2009] EWCA Civ 1350) is wrong; there is no distinction in the principles to apply on costs between private and public law proceedings, or between fact-finding and other hearings.

Costs orders can be made in exceptional circumstances, including where one party has behaved unreasonably in relation to the litigation.

🔗 Read the full judgment here:
https://www.judiciary.uk/wp-content/uploads/2025/02/Approved-Judgments-E-Children-CA2024002394.pdf

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