Wasted Costs Order: When Solicitors Pay the Price for an Adjourned Hearing
Introduction
The High Court’s decision in A Father v A Mother [2025] EWHC 3546 (Fam) provides an important reminder that the court can and will make a wasted costs order against solicitors. The case arose from an adjourned summary return hearing concerning the alleged wrongful removal of children to the United Kingdom from Nigeria.
The judgment highlights the professional obligations on solicitors in family proceedings, particularly the duty to comply with court directions, properly instruct barristers and ensure hearings can proceed as scheduled. Where those duties are breached and court time is wasted, lawyers can face personal liability for costs.
Background to the Case
The father issued proceedings seeking the summary return of his two children to Nigeria, arguing that they had been wrongfully removed and that their habitual residence was Nigeria.
The mother opposed the application, she disputed the children’s habitual residence and raised a number of allegations, including domestic abuse.
A three-day final hearing was listed in the High Court in December 2024 to determine the dispute.
However, the hearing could not proceed because the barrister for the mother was not present and no replacement barrister had been instructed. As a result, the court had no option but to adjourn the hearing.
This led the father to apply for a wasted costs order against the mother’s solicitors.
The High Court concluded that the conduct of the mother’s solicitors met the threshold for a wasted costs order. Furthermore, the court found that the solicitors had acted both negligently and unreasonably.
In particular, they:
- Failed to take effective steps to secure a replacement barrister
- Failed to prepare the trial bundle and materials
- Failed to comply with court directions
- Failed to alert the court to the difficulties in advance
These failures meant the hearing could not proceed, resulting in the waste of significant court time and legal costs.
They were ordered to pay:
- The father’s barrister’s fees for the aborted hearing
- Travel and accommodation costs incurred for the hearing
- The costs of the wasted costs application itself
- Interest on those sums
Conclusion
A Father v A Mother [2025] EWHC 3546 (Fam) reinforces the court’s willingness to make wasted costs orders against legal representatives where negligent or unreasonable conduct results in wasted hearings.
If you require advice or assistance regarding family law proceedings, including issues relating to wasted costs or court compliance, our team is here to help. For confidential legal advice, please contact our office and speak with one of our experienced solicitors. Call us today on 01234 889 777 to book in for a free 30 minute telephone consultation.