In re M (A Child) - JustCite - the legal search engine and citator

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In re M (A Child)

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Justis Editorial on 30 August 2011

Costs in family law proceedings concerning children

The Court of Appeal (Civil Division) handed down judgment in the case of In re M (A Child) [2009] EWCA Civ 311 on 23rd April 2009. The case concerned an application by a father for permission appeal against an order for costs in proceedings concerning contact with child M. appeal against the making of a contact order can be premised on a variety of grounds.

The Court of Appeal held that different principles on costs apply to first instance hearings compared with the principles which apply when an appeal is heard from a first instance decision. As such, judges considering an appeal have considerable discretion over the question of costs. As this discretion existed and the judge’s finding on costs was within her discretion, the appeal was dismissed.

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