RB (Adult) (No 3) , Re [2011] EWHC 2576 (Fam) (Handed Down: 11 October 2011)

RB (Adult) (No 3) , Re [2011] EWHC 2576 (Fam) (Handed Down: 11 October 2011)

MF's claims for compensation and costs against the local authority were dismissed due to lack of legal and factual basis. The Official Solicitor's application for costs against the local authority was dismissed. MF was ordered to pay 20% of the Official Solicitor's costs from 4 August 2005 to 30 September 2010 due to unreasonable conduct in pursuing peripheral and meritless issues, but not for the central or sexual abuse issues. No order for costs was made for the period after 30 September 2010.

Citation
[2011] EWHC 2576 (Fam)
Parties
Claimant: A London Borough; First Defendant: RB (by her litigation friend the Official Solicitor); Second Defendant: MF
Jurisdiction
England and Wales
Procedural Posture
Family Division Adult Protection / Welfare Proceedings / Post Trial, Costs and Compensation Applications
Outcome
Applications by MF against the local authority for compensation and costs dismissed; Official Solicitor's application against the local authority for costs dismissed; MF ordered to pay 20% of Official Solicitor's costs for specified period.
Legal Topics
Costs, Compensation, Vulnerable Adults, Litigation Conduct
Family Law Court of Protection Costs Compensation Vulnerable Adults Litigation Conduct

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Parties

A London Borough

Claimant

RB (by her litigation friend the Official Solicitor)

First Defendant

MF

Second Defendant

Procedural Posture

Family Division Adult Protection / Welfare Proceedings / Post Trial, Costs and Compensation Applications

Legal Issues

  1. 1 Whether MF is entitled to compensation from the local authority
  2. 2 Whether MF or the Official Solicitor are entitled to costs from the local authority
  3. 3 Whether the Official Solicitor is entitled to costs from MF

Ratio Decidendi

MF's claims for compensation and costs against the local authority were dismissed due to lack of legal and factual basis. The Official Solicitor's application for costs against the local authority was dismissed. MF was ordered to pay 20% of the Official Solicitor's costs from 4 August 2005 to 30 September 2010 due to unreasonable conduct in pursuing peripheral and meritless issues, but not for the central or sexual abuse issues. No order for costs was made for the period after 30 September 2010.

Court Disposition

Applications by MF against the local authority for compensation and costs dismissed; Official Solicitor's application against the local authority for costs dismissed; MF ordered to pay 20% of Official Solicitor's costs for specified period.

Orders

  • MF's applications against the local authority for compensation and costs are dismissed.
  • Official Solicitor's application against the local authority for costs is dismissed.