Case Law

Here we select and summarise key cases pertaining to Legal Costs which may prove to be a useful aid to negotiation. Please feel free to contact us to discuss any of the cases mentioned below in more detail and to see what impact they may have on you.

  • 25/06/2019

    SD v AFH (Appeal: Coercive and controlling behaviour: Inference or speculation) [2019] EWHC 1513 (Fam) (13 June 2019)

    This Judgment relates to an Application for permission to appeal the decision of HHJ Plunkett made in respect of findings of fact handed down on 14/11/18. The proposed Appellant father wished to appeal findings made in proceedings which related to the parties’ child, which involved cross Applications.  The findings made […]

  • 20/05/2019

    H-L (Children: Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704 (17 April 2019)

    This Court of Appeal Judgment relates to an Appeal made by the Local Authority against the decision of HHJ Wicks dismissing a Care Application at an interim stage, despite arguments by the Local Authority and the Guardian. The initial Care Application related to two children, one of which had been […]

  • 09/05/2019

    MFS (Appeal: Transfer of Primary Care) [2019] EWHC 768 (Fam) (29 March 2019)

    This was a fact-specific case where Mr Justice Williams refused appeal against the decision to transfer residence of boy (aged 8) from the Mother to the Father, where the order had already been implemented and the Mother’s appeal was lodged out of time.  There was detailed analysis by the court […]

  • 08/05/2019

    A (Children) [2019] EWCA Civ 609

    This was an appeal brought by the Father against an order by HHJ Wilding dismissing his application for leave to oppose the making of Adoption Orders under S47(5) of the Adoption and Children Act 2002 in relation to his two children, who were aged 6 and 4. The application for […]

  • 08/05/2019

    Baron & Ors (4 Defective Divorces) [2019] EWFC 26 (17 April 2019)

    This Judgment considers the decision of Sir Stephen Brown P in Butler v. Butler, The Queen’s Proctor Intervening [2019] 1 FLR 114 in relation to the 4 Defective Divorces of Baron v Baron; Bird v Bird; Checova v Ilyas and Campbell-Anderson v Anderson. In dealing with this matter, Sir James […]

  • 27/06/2017

    F v L [2017] EWCH 1377 (Fam) (09 June 2017)

    This Judgment was given by Ms Justice Russell in relation to an Application to Appeal a decision refusing an Application by the Appellant to relocate to Italy with the child of the family.  The Appellant was the mother of the child and the Respondent was the father of the child, […]

  • 28/04/2017

    MH (A CHILD), Re [2017] EWHC 691 (FAM) (13 March 2017)

    The case concerned an application by a mother for permission to appeal an order made by HHJ Hughes QC in Children Act proceedings concerning the parties’ daughter, M (DOB 04/02/15). The parties had separated before the child was born.  Initially there were proceedings as the father had concerns about the […]

  • 28/04/2017

    C v D [2017] EWHC 807 (Fam) (08 March 2017)

    This Judgment was given by Mr Justice Francis on 8th March 2017, at the final hearing of the mother’s Application for an Order for the summary return of two children to Canada, pursuant to the 1980 Hague Convention and/or the Court’s inherent jurisdiction.  The proceedings concerned two children who the […]

  • 28/04/2017

    W -v- P [2017] EWHC 386(ch) (27 February 2017)

    On 22 July 2010 the testator passed away having suffered terminal rectal cancer diagnosed in July 2009. On 28 May 2010 the testator gave instructions for a will to a firm of solicitors and on 4 June 2010 he executed the will. The Claimant was the testator’s widow and they […]

  • 28/04/2017

    Merrix v Heart Of England NHS Foundation Trust (2017) EWHC 346 (QB)

    Well this recent judgement has certainly had everyone talking! Mrs Justice Carr had allowed an appeal concerning the significance of costs budgeting and the final costs assessment by ruling that “the answer to the preliminary issue is as follows: where a costs management order has been made, when assessing costs […]

  • 28/04/2017

    E (A Child) Re 2017 EWHC B11 (Fam) (23 February 2017)

    This case related to Public Law Proceedings commenced by the Local Authority in the High Court in relation to the child E, who was 11 years old and living in foster care under a Care Order made in June 2016.  The care plan for E was for his placement with […]

  • 28/04/2017

    D, Re [2016] EWCOP 35 (01 July 2016)

    This was an appeal against an order made on 7 January 2016 which allowed the applicant an order authorising her to execute a statutory will and to be released from the obligation to serve the papers on someone who was currently entitled to a half share of the estate on […]

  • 28/04/2017

    Re CA (Natural Delivery or Caesarean Section) [2016] EWCOP 51 (08 December 2016)

    This was a Court of Protection decision concerning a 24-year old pregnant woman (CA) with a diagnosis of autism and learning disability, and the question of how she should deliver her child. The NHS Trust sought a declaration and order that it was lawful and in CA’s best interests that […]

  • 26/01/2017

    HN (Out of Hours Application) [2016] EWCOP 43 (23 September 2016)

    HN suffers from depression and has some psychotic beliefs. She is detained under s3 Mental Health Act 1983 at a hospital run by the applicant NHS Trust. HN sustained a number of injuries in the course of an apparent suicide attempt, including a severe injury to her shoulder. She had […]

  • 26/01/2017

    Azim v Tradewise Insurance Services Ltd [2016] EWHC B20 (Costs) (22 August 2016)

    At detailed assessment of the Claimant’s costs payable by the Defendant, Master Leonard considered the objections of the Defendant to the validity of the assignment of a pre April 2013 CFA. The Claimant had instructed 3 firms of Solicitors under CFAs with a success fee and it was the assignment […]

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