Theodore Bunce Succeeds in Application for ‘Exceptional’ Non-Party Costs Order

News | Fri 7th Oct, 2022

Theo obtained a rare non-party costs order on behalf of his client, the Applicant in private law children proceedings. The case involved serious allegations of domestic violence and sexual abuse. Having represented the Applicant and reached a compromise at fact-finding, the Respondent went on to make further allegations. Theo successfully opposed a further fact-finding and Cafcass were directed to report on the basis of the agreed facts. Theo persuaded the Court that Cafcass’ repeated failure to do so rendered it just to saddle it with liability for the costs of wasted interim hearings.

Theo’s commitment to a mixed civil practice, alongside his familiarity with novel costs arguments under the CPR, makes him well-placed to prosecute applications of this nature, in an arena where they are often overlooked.

Theo was instructed by Alastair Sinclair, head of litigation at Monan Gozzett LLP.