[2019] EWHC 1401 (Ch)

[2019] EWHC 1401 (Ch)

The court applies the general rule that a litigation friend is liable for costs as the party would be if adult, considering all circumstances. There is no inflexible rule precluding costs orders against litigation friends for defendants. On the facts, Ms Glover is liable for the costs of Mr Barker, Confiànce, Euan (with a 10% reduction), and Ms Meek. No costs orders are made against Tom and Freya personally due to the risk of injustice and their lack of control over the litigation.

Parties
Claimant: Iain Paul Barker; First Defendant: Confiànce Ltd; Second Defendant: Euan Barker (a child by his litigation friend Deborah Barker); Third Defendant: Stuart Brown; Fourth Defendant: Joan Barker; Fifth Defendant: Ingrid Heywood; Sixth Defendant: Margot White; Seventh Defendant: Tom Barker (a child by his litigation friend Susan Mary Glover); Eighth Defendant: Freya Barker (a child by her litigation friend Susan Mary Glover); Ninth Defendant: Alison Meek (former litigation friend to Euan Barker); Tenth Defendant: Lauren Chadwick (a child); Eleventh Defendant: Rowan Barker (a child by his litigation friend Deborah Barker)
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Civil Trusts/probate / Ruling on Costs Applications After Dismissal of Substantive Application
Outcome
Costs applications allowed in part; costs orders made against litigation friend (Ms Glover), not against children.
Legal Topics
Costs Orders, Litigation Friends, Non Party Costs, Representative Proceedings, Trust Litigation, Children as Parties
Civil Procedure Trusts and Estates Children Law Costs Orders Litigation Friends Non Party Costs Representative Proceedings Trust Litigation +1 more

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Parties

Iain Paul Barker

Claimant

Confiànce Ltd

First Defendant

Euan Barker (a child by his litigation friend Deborah Barker)

Second Defendant

Stuart Brown

Third Defendant

Joan Barker

Fourth Defendant

Ingrid Heywood

Fifth Defendant

Margot White

Sixth Defendant

Tom Barker (a child by his litigation friend Susan Mary Glover)

Seventh Defendant

Freya Barker (a child by her litigation friend Susan Mary Glover)

Eighth Defendant

Alison Meek (former litigation friend to Euan Barker)

Ninth Defendant

Lauren Chadwick (a child)

Tenth Defendant

Rowan Barker (a child by his litigation friend Deborah Barker)

Eleventh Defendant

Procedural Posture

Civil Trusts/probate / Ruling on Costs Applications After Dismissal of Substantive Application

Legal Issues

  1. 1 When can a litigation friend be ordered to pay costs of unsuccessful proceedings brought on behalf of children?
  2. 2 Are there different principles for costs orders against litigation friends for claimants versus defendants?
  3. 3 Should costs be ordered against the children themselves?

Ratio Decidendi

The court applies the general rule that a litigation friend is liable for costs as the party would be if adult, considering all circumstances. There is no inflexible rule precluding costs orders against litigation friends for defendants. On the facts, Ms Glover is liable for the costs of Mr Barker, Confiànce, Euan (with a 10% reduction), and Ms Meek. No costs orders are made against Tom and Freya personally due to the risk of injustice and their lack of control over the litigation.

Court Disposition

Costs applications allowed in part; costs orders made against litigation friend (Ms Glover), not against children.

Orders

  • Ms Glover to pay the costs of Mr Barker and Confiànce.
  • Ms Glover to pay Euan's costs (acting by litigation friends), less 10%.