Pringle v Nervo [2026] EWCA Civ 266 is a Court of Appeal decision reaffirming the high threshold for costs orders in private law Children Act proceedings. The case involved DJ Liv Nervo and businessman Matthew Pringle, whose dispute over child arrangements and parental responsibility for their daughter had led the Family Court to order Mr Pringle to pay 75% of Ms Nervo’s costs, some £385,587.

Allowing the father’s appeal, the Court of Appeal held that the judge had erred by focusing only on the father’s conduct rather than considering both parties’ behaviour in the round. The court reaffirmed the long-standing principle that costs orders in children proceedings remain exceptional, requiring conduct that is genuinely reprehensible or falls outside the band of what is reasonable, rather than commonplace procedural matters such as late withdrawal of an application or non-attendance at a hearing.

The judgment also noted that a change in the mother’s legal team, and a more adversarial approach that followed, had itself materially escalated the litigation and its costs, a factor the original judge had failed to weigh in the father’s favour.

What This Means for Family Costs Practice

For costs lawyers and family practitioners, Pringle v Nervo is a clear, current reminder that the “no order” starting point in children proceedings is not easily displaced, and that costs applications must be assessed on the conduct of both parties, not one side in isolation.

FAQs

Are costs orders common in family court proceedings involving children?

No. The general practice is that no costs order is made in private law Children Act proceedings, reflecting the principle that costs orders are a rare exception rather than the norm.

What conduct might justify a costs order in a children case?

Only conduct that is reprehensible or unreasonable, assessed by reference to both parties’ behaviour during the proceedings, will typically justify a departure from the general no-order rule.

Speak to Greener Costs Today

If you need support with a family costs dispute or advice on costs assessment, contact Greener Costs’ costs lawyers and costs draftsmen on 01204 263047 or info@greenercosts.co.uk.