KS v ND (Schedule 1: Appeal: Costs)

Facts

The parties were the unmarried parents of a 17-year-old boy referred to as James. A consent order made on 7 February 2005 under Schedule 1 of the Children Act 1989 required the father to pay a lump sum of £40,000, index-linked general child support of £21,600 a year until the conclusion of secondary education, all of James's school fees to the same point, and £7,500 towards the mother's costs. By 2012 the indexed maintenance had risen to about £28,000. The mother applied to vary the order upwards and for a further lump sum; the father cross-applied for a reduction. After a three-day hearing, District Judge Simmonds gave an extempore judgment on 8 May 2012 reducing general child support to £18,000 a year but extending it to the conclusion of tertiary education, adding a 20% share of any net bonus, capping the father's liability for the school fees of some £31,500 at £24,000 so that the mother met the balance, refusing a further lump sum and making no order as to costs. On 2 October 2012 Baron J granted the mother permission to appeal limited to the school fees award and the costs decision. The appeal was heard over a full day, the parties having by then spent about £125,000 in costs.