Raqeeb v Barts Health NHS Trust (Costs)

Raqeeb v Barts Health NHS Trust (Costs)

Tafida was the successful party in judicial review, having established the Trust acted unlawfully, and is entitled to 80% of her costs. No order as to costs is made in Children Act 1989 proceedings as the Trust was obliged to bring the application, and costs orders in such cases are exceptional and not justified here.

Parties
Claimant: Tafida Raqeeb; Defendant/applicant: Barts Health NHS Trust; Interested Party/first Respondent: Shelina Begum; Interested Party/second Respondent: Muhammed Raqeeb; Litigation Friend/third Respondent: XX; Fourth Respondent: Tafida Raqeeb (by Children’s Guardian Kay Demery)
Jurisdiction
England and Wales
Judgment Date
03 December 2019
Procedural Posture
Judicial Review and Children Act 1989 Application / Costs Determination After Substantive Judgment
Outcome
Costs order in favour of claimant in judicial review; no order as to costs in Children Act 1989 proceedings.
Legal Topics
Judicial Review, Children Act 1989, Costs, Best Interests, Equality of Arms, EU Law (art 56 Tfeu)
Public Law Family Law Medical Law Human Rights Judicial Review Children Act 1989 Costs Best Interests +2 more

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Parties

Tafida Raqeeb

Claimant

Barts Health NHS Trust

Defendant/applicant

Shelina Begum

Interested Party/first Respondent

Muhammed Raqeeb

Interested Party/second Respondent

XX

Litigation Friend/third Respondent

Tafida Raqeeb (by Children’s Guardian Kay Demery)

Fourth Respondent

Procedural Posture

Judicial Review and Children Act 1989 Application / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether costs should be awarded to the claimant in judicial review proceedings
  2. 2 Whether costs should be awarded to parents in Children Act 1989 proceedings
  3. 3 Identification of the successful party for costs purposes

Ratio Decidendi

Tafida was the successful party in judicial review, having established the Trust acted unlawfully, and is entitled to 80% of her costs. No order as to costs is made in Children Act 1989 proceedings as the Trust was obliged to bring the application, and costs orders in such cases are exceptional and not justified here.

Court Disposition

Costs order in favour of claimant in judicial review; no order as to costs in Children Act 1989 proceedings.

Orders

  • Barts Health NHS Trust to pay 80% of Tafida Raqeeb’s costs of the judicial review proceedings, assessed on the standard basis if not agreed.
  • No order as to costs in the proceedings under the Children Act 1989.