FA-2024-000131 - [2025] EWHC 2595 (Fam)

The appeal before me was an appeal in connection with financial remedy proceedings but not in financial remedy proceedings. A number of the appellant’s grounds were certified by me as being totally without merit. In relation to the two grounds that I did allow to proceed to appeal, the appellant succeeded on neither.

I also factor in that the appellant, in my judgment, unreasonably failed to attend either in person or virtually the first hearing on 20 May 2025 despite the significant efforts of the court staff to send him a link. Further, I consider the respondent is justified in her argument that the appellant has refused to negotiate a settlement of this appeal and in particular, the payment of the costs of this appeal. I do not take into consideration his alleged litigation conduct in the earlier litigation in the lower court. I factor in that I had granted the appellant permission to appeal in relation to the two grounds of appeal and thus implicitly they had a real prospect of success even if, ultimately, they did not succeed. I factor in the money claim at the heart of the dispute between the parties. Whilst they cannot agree the value of the amount at stake in the appeal, I need not determine it precisely. The amount in dispute in relation to future child maintenance can be simply stated to be not significant and to be less than the joint sum of costs claimed by the parties.

I stand back and balance the factors. In my judgment, there are two factors that weigh heavily in the balance in favour of the appellant paying the respondent’s costs. They are his conduct within the appeal proceedings (but not his alleged litigation conduct in the wider litigation) and his refusal to negotiate a settlement on the substance of the claim and, in particular of the costs, of the appeal. In the circumstances, I consider that the appellant should pay the respondent’s costs of the appeal which I will summarily assess at £5,500. That is half her claimed costs. I consider that is a fair amount given the appellant was given permission to appeal on two grounds and given there was some duplication in the respondent’s arguments. The amount of £5,500 shall be payable to the respondent by no later than 2pm on 9 December 2025. Thereafter interest will run at the standard rate.