Costs in Children Cases: Further Guidance from the Supreme Court

The Supreme Court has confirmed that the usual 'no order' rule in Children cases applies on appeal as much as first instance decisions. The exceptions to that rule are
(a) where a party's conduct has been reprehensible or
(b) where a party's conduct is beyond the band of what is reasonable
The Supreme Court quashed a costs order against a local authority following their unsuccessful opposition to an appeal by a parent in care proceedings.

Baroness Hale said the distinction between first instance and appeal is simply that after a first instance judgment a party will be better able to see what the court considered relevant and thus be better able to judge whether further pursuit of their case is 'reasonable'.



http://www.familylaw.co.uk/system/redactor_assets/documents/2801/In_the_matter_of_S__A_Child__2015_UKSC_20.pdf