RB (Adult) (No 3) , Re

RB (Adult) (No 3) , Re

MF’s claim for compensation is dismissed for lack of legal and factual foundation. No order for costs is made in favour of MF or the Official Solicitor against the local authority. MF is ordered to pay 20% of the Official Solicitor’s costs from 4 August 2005 to 30 September 2010 due to his unreasonable conduct and pursuit of meritless issues, but not for the central or sexual abuse issues.

Parties
Claimant: A London Borough; First Defendant: RB (by her litigation friend the Official Solicitor); Second Defendant: MF
Jurisdiction
England and Wales
Judgment Date
11 October 2011
Procedural Posture
Family / Post Trial, Costs and Compensation Determination
Outcome
Applications by MF for compensation and costs against the local authority dismissed; Official Solicitor’s application for costs against the local authority dismissed; MF to pay 20% of the Official Solicitor’s costs from 4 August 2005 to 30 September 2010.
Legal Topics
Costs, Compensation, Abuse of Process, Best Interests, Litigation Conduct
Family Law Civil Procedure Costs Compensation Abuse of Process Best Interests Litigation Conduct

Case Brief

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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 / Post Trial, Costs and Compensation Determination

Legal Issues

  1. 1 Whether MF is entitled to compensation from the local authority
  2. 2 Whether MF or the Official Solicitor is entitled to costs, and against whom, for which issues

Ratio Decidendi

MF’s claim for compensation is dismissed for lack of legal and factual foundation. No order for costs is made in favour of MF or the Official Solicitor against the local authority. MF is ordered to pay 20% of the Official Solicitor’s costs from 4 August 2005 to 30 September 2010 due to his unreasonable conduct and pursuit of meritless issues, but not for the central or sexual abuse issues.

Court Disposition

Applications by MF for compensation and costs against the local authority dismissed; Official Solicitor’s application for costs against the local authority dismissed; MF to pay 20% of the Official Solicitor’s costs from 4 August 2005 to 30 September 2010.

Orders

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