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 report under ChA 1989, s 37. A s 37 report
