The Nature of the Decision Under Appeal
50.The judge was exercising a discretion to order costs against a non-party. He directed himself as to the legal test to be applied when exercising his discretion and he exercised the discretion on a particular factual basis. This appeal raises questions as to whether the judge made errors of law in relation to the test he applied, proceeded on a factual basis that was not open to him, and exceeded permissible parameters when exercising his discretion.
- Approved Judgment
- Mr Justice Poole:
- Chronology
- The Judgment
- Grounds of Appeal and Submissions
- Appeals
- Costs Orders Against Non-Parties - Generally
- Non-Party Costs Orders in Family Cases Concerning the Welfare of Children
- Costs Orders against Local Authorities
- Guidance from the Authorities
- Procedure
- The Nature of the Decision Under Appeal
- The Judge’s Self-Direction on the Test to be Applied
- The Grounds on which the Judge made a Non-Party Costs Order