B.N v D'O.H (Unapproved)

371.� In this case the court is keenly aware of the need for this exercise and has measured its decision on costs in light of the lump sum award, the financial resources of the parties and all of the circumstances.�

             At paras. 382-383, the trial judge concluded as follows:

�382.This Court is quite satisfied that the case was elongated and particularly bitter because the [appellant] made untrue allegations of rape and sexual assault against the [respondent]. The untrue allegations of physical abuse of the eldest son would probably not on their own have added significantly to the length of the hearing or the bitterness.� Those allegations are in a completely different category and arise in circumstances where both parents have been shown by the evidence to have been unable to deal properly with the behaviour of the eldest son.�

             �At para. 387, the trial judge held:

�Although the court considers that the untrue allegations of rape and sexual assault added at least 66% to the costs of this case it will award to the applicant 60% of the costs agreed by the parties or determined by adjudication.�