HB v PB [2013] EWHC 1956 (Fam) - 09/07/13

Application for a non-party costs order against a local authority for wasted hearings caused by its failure to adequately prepare a report pursuant to s. 37, Children Act 1989.

Application granted. Held: An order against a non-party in family proceedings, although within the wide discretion of the court, is exceptional. Whether the circumstances relied on make it just to make such an order is a matter for judgment determined by comparison with the ordinary run of cases (Globe Equities Ltd v Globe Legal Services Ltd & Ors [1999] EWCA Civ 3023). Where the non-party is a public body, the courts may make an order against it where it fails to perform its statutory functions in such a way as to hinder the proper and expeditious conduct of litigation (Kelly v South Manchester Health Authority [1997] 3 All ER 274).

In the present case, the local authority's failures were extensive, systemic and had a profound effect on the conduct of the proceedings. The sum claimed was within the reasonable recoverable costs of the wasted hearings.

Editor's note - for legal guidance and advice on family law and divorce matters in England and Wales, including advice and support to resolve financial settlements, property, and child care arrangements, see the Family Law Solutions Solicitors website for more information.