North Somerset Council v LW & Ors [2014] EWCOP 3 (21 May 2014)

North Somerset Council v LW & Ors [2014] EWCOP 3 (21 May 2014)

UHBT's failure to timely assess LW's capacity, lack of planning, and inadequate response to court directions caused unnecessary and ineffective hearings, justifying a departure from the general rule of no order as to costs in welfare proceedings. UHBT is ordered to pay the Official Solicitor's and local authority's costs for specified hearings.

Citation
[2014] EWCOP 3
Parties
Claimant: North Somerset Council; First Defendant: LW (by her Litigation Friend, the Official Solicitor); Second Defendant: University Hospitals Trust Bristol NHS Foundation Trust; Third Defendant: North Bristol NHS Trust; Fourth Defendant: Avon and Wiltshire Mental Health Partnership NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 May 2014
Procedural Posture
Court of Protection Application and Costs Determination / Post Hearing, Costs Judgment
Outcome
Costs order against University Hospitals Trust Bristol NHS Foundation Trust (UHBT) in favour of the Official Solicitor and local authority for specified hearings; no order as to costs for other parties or for written submissions.
Legal Topics
Costs in Court of Protection, Capacity to Consent to Medical Treatment, Inherent Jurisdiction, Reporting Restriction Orders, Personal Welfare Proceedings
Mental Capacity Law Health Law Family Law Costs in Court of Protection Capacity to Consent to Medical Treatment Inherent Jurisdiction Reporting Restriction Orders Personal Welfare Proceedings

Case Brief

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Parties

North Somerset Council

Claimant

LW (by her Litigation Friend, the Official Solicitor)

First Defendant

University Hospitals Trust Bristol NHS Foundation Trust

Second Defendant

North Bristol NHS Trust

Third Defendant

Avon and Wiltshire Mental Health Partnership NHS Trust

Fourth Defendant

Procedural Posture

Court of Protection Application and Costs Determination / Post Hearing, Costs Judgment

Legal Issues

  1. 1 Whether the hospital trusts, particularly UHBT, should be ordered to pay the costs of the Official Solicitor and the local authority in Court of Protection proceedings concerning LW's capacity to consent to medical treatment and related welfare issues.

Ratio Decidendi

UHBT's failure to timely assess LW's capacity, lack of planning, and inadequate response to court directions caused unnecessary and ineffective hearings, justifying a departure from the general rule of no order as to costs in welfare proceedings. UHBT is ordered to pay the Official Solicitor's and local authority's costs for specified hearings.

Court Disposition

Costs order against University Hospitals Trust Bristol NHS Foundation Trust (UHBT) in favour of the Official Solicitor and local authority for specified hearings; no order as to costs for other parties or for written submissions.

Orders

  • UHBT to pay the whole of the Official Solicitor's costs for 15 and 16 April 2014.
  • UHBT to pay one half of the Official Solicitor's costs for 23 April 2014.