Costs: a litigation friend and child’s court proceedings

Liability for costs in child law litigation

In Barker v Confiànce Ltd & ors [2019] EWHC 1401 (Ch) (5 June 2019) Morgan J considered the extent to which a litigation friend and the child(ren) for who the litigation friend acted can be made personally liable for costs; and to what extent in the particular case any order for costs should be made. The costs applications of various parties to complex trust litigation arose where the children (Tom and Freya now aged 18) through their mother and litigation friend (Ms Glover) had failed in their attempt to set aside a yet earlier consent order in the proceedings are in Barker v Confiànce Ltd & ors [2018] EWHC 2965 (Ch) (8 November 2018) Morgan J.

Morgan J concluded that in a narrow band of appropriate circumstances a litigation friend and a child involved in litigation might be subject to an order for costs. To what extent might his findings in relation to civil proceedings apply to children and litigation friends in family proceedings; and to children who themselves pursue proceedings without representation (Children Act 1989 (CA 1989)...

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