A family law firm has been ordered to cover the costs of the opposing party after the High Court found it negligent in preparing a family case for a scheduled three-day hearing, as reported by The Law Society Gazette.
Ms. Hannah Markham KC, sitting as a deputy High Court judge, ruled that Burnham Law Practice, a Slough-based firm holding a live legal aid certificate to represent the mother, failed in its core Solicitor Regulation Authority duties. The judge found the firm negligent ‘in that they did not act with the competence reasonably expected of ordinary members of the profession in the preparation of this case…and in their failure to both instruct counsel and enquire whether counsel was available to be instructed’.
The case, A Father v A Mother, concerned a father’s application for the summary return of two children to Nigeria, alleging they were unlawfully removed in June 2024.
Following multiple delays, and with the hearing ultimately unable to proceed due to the lack of available counsel, the father sought reimbursement for his wasted costs. He argued that either the mother or her legal team should bear the financial burden.
The judge noted that in the week leading up to the hearing, the firm failed to respond to emails from the mother, neglecting their duty to prepare her case. The firm did not take necessary steps to obtain prior authority to instruct an expert or to provide proper instructions to counsel in a timely manner.
She emphasised that solicitors have a responsibility to ensure that counsel is fairly and promptly instructed, allowing them to meet their own regulatory and ethical obligations to both client and court.
The judge found a direct link between Burnham Law’s inaction and the father’s wasted legal expenses, including payments made to his direct access counsel.
As a result, Burnham Law was deemed negligent and ordered to cover the entirety of the father’s counsel’s costs for the three-day hearing, as well as his travel expenses, including flights and accommodation.
