HM (An Adult), Re [2010] EWHC 2107 (Fam) (09 August 2010)

HM (An Adult), Re [2010] EWHC 2107 (Fam) (09 August 2010)

PM's abduction of HM to Israel was wrongful, unlawful, and the direct cause of all subsequent litigation and costs; this misconduct justifies indemnity costs orders against him for all costs incurred by the Official Solicitor, States of Guernsey, and KH, including those arising from foreign proceedings. The court has jurisdiction to order payment of such costs and to make a third party debt order against X. There is no justification for releasing funds to PM or for any further court involvement in HM's welfare at this stage.

Citation
[2010] EWHC 2107 (Fam)
Parties
Claimant: PM; First Defendant: KH; Second Defendant: HM (by her litigation friend the Official Solicitor); Interested Party: The States of Guernsey
Jurisdiction
England and Wales
Judgment Date
09 August 2010
Procedural Posture
Family Division Welfare of Incapacitated Adult / Final Judgment on Costs and Ancillary Applications
Outcome
Applications for costs by the Official Solicitor, States of Guernsey, and KH granted; PM's application for release of funds dismissed; proceedings adjourned generally with liberty to apply (subject to permission for PM); directions for third party debt order.
Legal Topics
Costs Orders, Abduction of Incapacitated Adult, Jurisdiction Over Foreign Litigation Costs, Guardianship, Litigation Misconduct, Third Party Debt Orders
Family Law Mental Capacity Law International Law Costs Orders Abduction of Incapacitated Adult Jurisdiction Over Foreign Litigation Costs Guardianship Litigation Misconduct +1 more

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Parties

PM

Claimant

KH

First Defendant

HM (by her litigation friend the Official Solicitor)

Second Defendant

The States of Guernsey

Interested Party

Procedural Posture

Family Division Welfare of Incapacitated Adult / Final Judgment on Costs and Ancillary Applications

Legal Issues

  1. 1 Whether PM should pay the costs incurred by the Official Solicitor, States of Guernsey, and KH following the abduction of HM to Israel
  2. 2 Whether the court has jurisdiction to order payment of costs incurred in foreign litigation
  3. 3 Whether funds held by X should be released to PM for litigation

Ratio Decidendi

PM's abduction of HM to Israel was wrongful, unlawful, and the direct cause of all subsequent litigation and costs; this misconduct justifies indemnity costs orders against him for all costs incurred by the Official Solicitor, States of Guernsey, and KH, including those arising from foreign proceedings. The court has jurisdiction to order payment of such costs and to make a third party debt order against X. There is no justification for releasing funds to PM or for any further court involvement in HM's welfare at this stage.

Court Disposition

Applications for costs by the Official Solicitor, States of Guernsey, and KH granted; PM's application for release of funds dismissed; proceedings adjourned generally with liberty to apply (subject to permission for PM); directions for third party debt order.

Orders

  • PM to pay the Official Solicitor's costs incurred on behalf of HM since 30 October 2009 on the indemnity basis, subject to assessment if not agreed.
  • PM to pay the States of Guernsey's costs of the hearings on 30 April 2010 and 20 July 2010, summarily assessed at £4,475.