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05 September 2013 / Claire Sanders
Issue: 7574 / Categories: Features , Family
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Taking orders

Is it appropriate to make an order for costs against a non-party to family proceedings, asks Claire Sanders

Since 1 April 2013, when legal aid became unavailable for private children cases (unless they fall within the domestic violence exception) the issue of costs has become all the more relevant to parties who are now struggling to fund proceedings themselves. In HP v PB,OP and the London Borough of Croydon [2013] EWHC 1956 (Fam) [2013] All ER (D) 138 (Jul) the High Court had to decide whether it was appropriate to make an order for costs against a non-party to the proceedings, in that case a local authority, whose role in the proceedings had been limited to the production of a report.

Facts

The parents of a six-year-old child made cross applications under the Children Act 1989 (ChA 1989), s 8. During the course of the proceedings the father made allegations that the mother had fabricated illnesses in respect of herself and the child. The district judge directed the local authority, to prepare and file a

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NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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